Case: Blake v. Carnahan

09AC-CC00621 | Missouri state trial court

Filed Date: Oct. 28, 2009

Closed Date: Nov. 24, 2009

Clearinghouse coding complete

Case Summary

This case is about a state ballot initiative seeking to recognize fetuses as “persons” under the state constitution.  On October 28, 2009 three Missouri citizens, represented by the ACLU, the ACLU of Eastern Missouri, and Planned Parenthood Federation of America, filed suit against Missouri’s Secretary of State and State Auditor in the Circuit Court of Cole County, Missouri. Plaintiffs sought declaratory and injunctive relief to block a ballot initiative seeking to amend Missouri’s constitution…

This case is about a state ballot initiative seeking to recognize fetuses as “persons” under the state constitution. 

On October 28, 2009 three Missouri citizens, represented by the ACLU, the ACLU of Eastern Missouri, and Planned Parenthood Federation of America, filed suit against Missouri’s Secretary of State and State Auditor in the Circuit Court of Cole County, Missouri. Plaintiffs sought declaratory and injunctive relief to block a ballot initiative seeking to amend Missouri’s constitution to define “person” as “every human being from the beginning of the biological development of that human being.”  Plaintiffs challenged the ballot initiative under Missouri state law, alleging that the initiative’s summary statement was insufficient and unfair because it did not adequately inform voters as to the initiative’s far reaching consequences; that the fiscal note and fiscal note summary associated with the initiative failed to meet the statutory requirement that it “state the measure’s estimated cost or savings”; that the initiative petition violated form requirements because it failed to provide information about what sections of the existing state constitution is would have altered; and that the initiative petition violated the single subject and clear title requirement of the state constitution because of the initiative’s far reaching consequences. The case was assigned to Judge Patrica Joyce.

On May 25, 2010 the court entered a judgment to dismiss the petition. 

This case is now closed. 

Summary Authors

Daria Wick (3/26/2025)

Documents in the Clearinghouse

Document

09AC-CC00621

State Trial Court

Jan. 21, 2010

Jan. 21, 2010

Docket

09AC-CC00621

Missouri Courts

None

Docket

09AC-CC00621

Petition to Challenge Official Ballot Title and Fiscal Note of Initiative Petition

Oct. 28, 2009

Oct. 28, 2009

Pleading / Motion / Brief

Docket

Last updated Aug. 30, 2023, 1:30 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Missouri

Case Type(s):

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: Oct. 28, 2009

Closing Date: Nov. 24, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three Missouri citizens -- a doctor, lawyer, and a medical student.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Planned Parenthood Federation of America

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Missouri, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

State law

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Reproductive rights:

Abortion

Contraception

Criminalization

Reproductive health care (including birth control, abortion, and others)