Cole County Circuit Judge Paul Wilson has dismissed the suit challenging the constitutionality of HB 1764, which places a ballot measure on the Aug. 3rd statewide ballot. The measure aims to prevent Missourians from being penalized if they choose not to take part in the federal health care program, and addresses other insurance-related issues.
Jefferson City attorney Chip Gentry argued there were as many as four reasons the ballot measure should be considered unconstitutional. In his judgment, Wilson says Gentry failed to establish grounds on any of those factors. See our original story for more on the arguments in the case.
Furthermore, Wilson says Gentry’s clients more or less created the issues in timing that the court was forced to deal with. The case was expedited, because the issue will go to voters so soon; some absentee ballots had already been printed. Wilson says the same claims could have been taken to court as early as May 11th, rather than waiting until June 7th to file the suit.
With more time, the ballot language could have been re-worded. Instead, Wilson would have had to make a highly unusual and possibly illegal order; one suggestion being to not have the votes certified.
“Plaintiffs waited so long that – if their claims had merit, which they do not – the Court would have been hard-pressed to provide any meaningful remedy,” Wilson wrote in his ruling.
Missourinet has obtained a copy of Wilson’s full judgment. See it for yourself in the .pdf below.
Gentry has said if Wilson ruled against the plantiffs, the case would be appealed to the Missouri Supreme Court.