Judge Rules MOSIRA Is Unconstitutional

MRFL Press Release

For Immediate Release
Thursday, February 16, 2012

Contact: Fred Sauer 314-854-1381

Judge Rules MOSIRA Is Unconstitutional

St. Louis – February 21, 2012 – Judge Daniel Green of the Cole County Circuit Court granted Missouri Roundtable For Life’s Motion for Judgment on the Pleadings and has struck down the MOSIRA Bill (Senate Bill No. 7 from the 2011 Special Session of the Missouri Legislature) as unconstitutional.

Judge Greene’s ruling grants Missouri Roundtable For Life, Missouri Right to Life, Lawyers for Life and Missouri Citizens’ Motion for Judgment on the Pleadings and does the following:

(1) Declares that the MOSIRA bill violates Article III, Section 23 of the Missouri Constitution (Single Subject Rule), but cannot be severed under the facts of the case, and, therefore, the MOSIRA bill is unconstitutional in its entirety;

(2) Permanently enjoins the State of Missouri from taking any action, including using public funds, to implement the MOSIRA bill; and

(3) Orders the State of Missouri to rescind all actions taken to implement the MOSIRA bill.

Missouri Roundtable For Life, Missouri Right to Life, Lawyers for Life and Missouri Citizens filed suit against the State of Missouri, various state agencies and state employees in Missouri Roundtable For Life, et al. v. State of Missouri, et al., Robin Carnahan, Case No. 11AC-CC00770, because the language of the MOSIRA bill clearly states that MOSIRA does not go into effect without the concurrent passage of the so-called “Aerotropolis” bill. Since the “Aerotropolis” bill did not pass in the special session last fall, MOSIRA could not go into effect and was, therefore, a legal nullity.

“Missouri Roundtable For Life is gratified that Judge Green has upheld the rule of law and protected the taxpayers and citizens of Missouri from state officials implementing an unconstitutional law,” said Fred Sauer of Missouri Roundtable For Life. “We are dedicated to ensuring that Missouri citizens understand all the details of the MOSIRA scheme, so that politicians and their special interest cronies will never try this again.”

For more information, please visit missouriroundtable.org