Arkansas Supreme Court effectively rejects abortion amendment As reported on KUAR, a NPR station out of University Of Arkansas Little Rock. www.ualrpublicradio.
org/...
In a 4-3 decision, the Arkansas Supreme Court on Thursday ruled signatures collected by paid canvassers to place an amendment legalizing abortion on the November ballot cannot be counted. This effectively blocks the amendment from going before voters. The group Arkansans for Limited Government (AFLG) had gathered over 100,000 signatures to place the amendment on the ballot, well over the 90,074 needed; but, only 87,675 were collected by volunteers .
The rest, about 14,000, were collected by paid canvassers. In July, Secretary of State John Thurston rejected the amendment on the grounds that AFLG had not complied with state law regarding paid canvassers. Under state law, a sponsor is required to sign a statement affirming that each paid canvasser has received a copy of the secretary of state’s initiative and referenda handbook, and that they have had canvassing laws explained to them.
It's unclear if AFLG actually failed to follow the law . FOIA requests from the Arkansas Times show that they turned in documents similar to the ones the secretary of state said he didn't have. The AFLG asked the Supreme Court to weigh in on the case believing the Secretary of State had made the wrong call in rejecting their petition outright.
At first, the court ruled that the unpaid signatures must be counted , but were unclear about what actions the AFLG was allowed to take further. In Arkansas, canvassing groups that validate 75% of signatures then receive a cure period, or 30 days to collect more. I don’t know about you but reading the reporting above it does seem like Arkansans For Limited government did, in fact, do everything right.
I also note the even without the signatures collected by paid canvassers they collected enough signatures to qualify for a cure period, which they did not get I got an email from Arkansans For Limited Government. Today is a dark day in Arkansas. This morning, by a vote of 4-3, the Arkansas Supreme Court upheld Secretary Thurston’s disqualification of the Arkansas Abortion Amendment.
More than 102,000 Arkansas voters exercised their constitutionally protected right to engage in direct democracy by signing the petition to get the Arkansas Abortion Amendment on the ballot. The Court’s majority ratifies Secretary Thurston’s decision to silence those voices. AFLG agrees with the sentiments expressed in the dissenting opinions.
As Justice Baker’s dissent explains, the majority opinion supports Secretary Thurston’s decision to make up “ out of whole cloth ” statutory requirements that do not exist. Justice Baker’s dissent also highlights the alarming nature of Secretary Thurston’s treatment of the Arkansas Abortion Amendment: "..
. the differing treatment of these petitions is alarming. As set forth above, the initiative is the first power reserved for the people by the Arkansas Constitution.
Why are the respondent and the majority determined to keep this particular vote from the people? The majority has succeeded in its efforts to change the law in order to deprive the voters of the opportunity to vote on this issue, which is not the proper role of this court." According to Justice Baker, Secretary Thurston and the majority of the Court have treated the Arkansas Abortion Amendment “ differently for the sole purpose of preventing the people from voting on this issue .” Democracy demands better.
Despite this infuriating result, our fight isn’t over. We can’t — and won’t — rest until Arkansas women have access to safe, standard health care and the autonomy to make decisions about their bodies free from governmental interference. I want to emphasize the dissenting opinion from Justice Baker.
Justice Baker’s dissent explains, the majority opinion supports Secretary Thurston’s decision to make up “ out of whole cloth ” statutory requirements that do not exist. Justice Baker’s dissent also highlights the alarming nature of Secretary Thurston’s treatment of the Arkansas Abortion Amendment: "..
. the differing treatment of these petitions is alarming. As set forth above, the initiative is the first power reserved for the people by the Arkansas Constitution.
Why are the respondent and the majority determined to keep this particular vote from the people? The majority has succeeded in its efforts to change the law in order to deprive the voters of the opportunity to vote on this issue, which is not the proper role of this court. This is terrible news. It was a 4-3 opinion.
Supreme Court Associate Justice Rhonda K. Wood wrote for the majority . Also in the majority.
Shawn A. Womack J. Cody Hiland Barbara Webb Justice Karen R.
Baker dissented. Justice Courtney Hudson joined in her dissent. Also dissenting was Chief Justice John Dan Kemp.
Remember these names. As reported on 40/29 News in Rogers, Arkansas. www.
4029tv.com/..
. "This case presents an anomaly in Arkansas jurisprudence. Stopping midstream during the initial count-of-signatures process, the Secretary of State rejected petitioners’ proposed abortion-amendment petition," Chief Justice Dan Kemp wrote in his separate dissent.
Follow this link to read his dissent . Kemp wrote that a special master should be appointed to investigate several questions of fact, including communication between the secretary of state's office and AFLG and a comparison between how the secretary of state's office treated other petitions submitted that day. Linked above is the Chief Justice’s dissent.
Here’s Justice Wood’s opinion for the majority. htv-prod-media.s3.
amazonaws.com/..
. Here’s Justice Baker’s dissent. htv-prod-media.
s3.amazonaws.com/.
.. Now that it’s too late to do anything about it we get coverage on NBC, CBS, The New York Times, and other national news media.
So, no abortion rights amendment on the ballot in Arkansas this year. trimguy reported on this yesterday on DailyKos in this recommended post Arkansas Supreme Court disallows Abortion Amendment Thanks for making that timely post, trimguy. Here’s my comment on trimguys post.
Thank you for bearing these sad tidings. I got the email earlier in the day. It’s clear to me what has happened.
SoS Thurston along with AG Griffin and Governor Sarah Huckabee Sanders got the vote they wanted from the Arkansas Supreme Court, the vote to ignore first principles on the right of citizens to amend the Arkansas Constitution. Because of this voter disenfranchisement, in the future no amendment petition can be relied on. If the powers that be are idealogically opposed the SoS can make new law out of whole cloth and the Arkansas Supreme Court, also idealogically driven, can go along.
It happened to an abortion rights amendment. It can happen to any amendment. The reason they did this is because if they allowed Arkansans to vote on the amendment it would have passed.
A majority of Arkansans favor the amendment and would have voted for it. In Arkansas Supreme Court Justices are elected. They knew if they allowed the amendment on the ballot they would be attacked from the right and lose their seats.
So they went along with the Sos, the AG, and the Governor in spite of the facts and the law. But remember what I said. The majority of Arkansans favor the amendment.
A majority of Arkansans can vote them out too. And after showing their true colors today, aiding voter nullification, Arkansas voters should vote them out. I know I’m going to remember their names and I will never vote for the wrong headed justices again.
There was a strong dissenting opinion. I’ll vote for him. I’ll vote for a Supreme Court justice that followed the law.
But it looks like the right wing of the Arkansas Supreme Court has taken a cue from the US Supreme Court claiming that the law is whatever they say it is. Vote them out! Action! Vote them out! The good news is that abortion rights is on the ballot November in Montana, Arizona, Missouri, Colorado, Maryland, Nevada, Florida, South Dakota, and New York. According to Ballotpedia the Nebraska Right to Abortion Initiative may appear on the ballot in Nebraska as an initiated constitutional amendment on November 5, 2024 .
ballotpedia.org/..
. Let us know how we can help! Abortions are now available in 23 states and Puerto Rico. If all nine amendments pass (as I expect) that will be 32 states.
History is on our side. After Kamala Harris is elected and we have a Democratic House and Senate we can expect laws from the Federal Government protecting abortion. Vote them in.
Here’s a final quote form the Arkansans For Limited government email. Despite this infuriating result, our fight isn’t over. We can’t — and won’t — rest until Arkansas women have access to safe, standard health care and the autonomy to make decisions about their bodies free from governmental interference.
To Arkansans: We hope that you will stick with us in this fight. We are certainly sticking with you. .
.. This effort has generated a wave of fiercely engaged Arkansas women.
We are outraged. We will not back down. And we will remember this in November.
Thanks.
