Politics
States test boundaries of personhood after abortion ruling

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Kaitlyn Anderson was six months pregnant when a driver killed her and a Missouri Department of Transportation colleague in 2021 while they were doing roadwork near St. Louis. Her fetus also died.Although Anderson’s family tried to sue the department on her behalf, workers’ compensation laws in Missouri and elsewhere shield employers from wrongful death lawsuits when an employee dies on the job. So the case was also filed on behalf of the 25-year-old woman’s unborn child, a son named Jaxx. This was possible because Missouri law defines life — and legal rights — as beginning at conception.In turn, the lawyers representing the state argued that, since Jaxx was considered a person, his case should be dismissed because under workers’ compensation laws he met the definition of an employee.“That’s just disgusting,” said Tonya Musskopf, Anderson’s mother. “Who would have known what he would have grown into? His whole life was ahead of him.”What wasn’t in question from either side was the idea that the 6-month-old fetus had legal rights under Missouri law. Every state has at least some statute or case law that considers a fetus a person, according to a report from Pregnancy Justice, a nonprofit that advocates for the rights of pregnant people. The report lists Missouri among at least 10 states with personhood language that is so broad it could be interpreted to apply to all civil and criminal laws.Around the country, state personhood definitions have often been restrained by laws protecting the right to abortions, according to Pregnancy Justice acting executive director Dana Sussman, because together they create an inherent inconsistency: How could a fetus be a person if abortion is legal? But now that abortion rights are no longer federally protected, personhood definitions could expand throughout state law.“States have more leverage and leeway to tread in these waters,” said John Seago, president of Texas Right to Life, a group that opposes abortion.The U.S. Supreme Court’s 1973 decision in Roe v. Wade, which protected abortion rights, stated that the word “person” did not include the unborn for the purposes of individual rights such as equal protection under the law. The ruling prompted a nationwide push to grant more rights to fetuses, according to Laura Hermer, a visiting professor at St. Louis University School of Law.Among states, Missouri’s recognition of personhood for fetuses was early and consequential.Here, a 1986 law to regulate abortion included a preamble that defined life as beginning at conception. Three years later, the U.S. Supreme Court ruled Missouri’s definition could stand since it was merely a “value judgment.” A Missouri Supreme Court ruling in 1995 opened the door for the definition to apply to all Missouri statutes.Still, Sussman noted, Missouri courts have not applied personhood to every state statute.In 2018, a Missouri man unsuccessfully attempted to appeal his conviction for child molestation by arguing the state’s personhood language required the court to calculate the age of the victim from conception, not birth, which would have made her above the statutory age limit. Sussman said it’s an example of how the limits of broad personhood language are tested.“People will start to utilize that and figure out ways to have it benefit their particular circumstances,” Sussman said.That type of boundary-pushing, Sussman said, is invited by inconsistencies in the law, like those created by the U.S. Supreme Court’s Dobbs decision last summer, which overturned Roe v. Wade without addressing the question of when personhood rights begin.The Dobbs ruling gives states the power to regulate abortion, and in Texas it triggered an abortion law that defines an unborn child as an “individual living member of the homo sapiens species from fertilization until birth.” Just days later, a Texas woman was given a ticket for driving in the carpool lane despite arguing that her unborn daughter counted as a second person in the vehicle.“One law is saying that this is a baby and now he’s telling me this baby that’s jabbing my ribs is not a baby,” she said of the officer who gave her the ticket. That ticket and a second one she got for a similar incident the next month were ultimately dismissed.Another legal boundary was pushed in early April when a U.S. District Judge in Texas ruled that the FDA had improperly approved the common abortion drug mifepristone. The judge noted that part of the ruling’s analysis “arguably applies to the unborn humans extinguished by mifepristone — especially in the post-Dobbs era.” The Supreme Court has blocked the ruling, for now.Seago said these kinds of legal tests are important.“That’s the phase that we’re at after undoing a court precedent that had been there for almost 50 years,” Seago said. “We’re encouraged that it’s forcing these important questions, like, ‘What do we owe our unborn neighbors?’”But Sussman worries about an increase in criminal charges filed against pregnant people. Pregnancy Justice filed a brief in a 2021 court case challenging an Arizona law that granted personhood rights to unborn children “at every stage of development.”Citing Missouri as a cautionary tale, the brief asserts not a single woman was arrested in the state in relation to her pregnancy before the Supreme Court allowed Missouri’s personhood language to stand. The years that followed, however, brought at least 39 arrests of women “for being pregnant and subjecting ‘unborn children’ to perceived risks of harm including drinking alcohol, smoking marijuana, or drinking tea made with mint and marijuana leaves to treat morning sickness.”The Arizona law was blocked, at least temporarily.Texas’ new abortion case law has yet to play out, but Seago anticipated it would follow the pattern established for child abuse, in which the accused can defend themselves by establishing they didn’t intend to cause harm.“There’s no accidental abortion in Texas,” Seago said.In Missouri, wrongful death claims for unborn children have been allowed since the 1995 state Supreme Court ruling.Anderson’s family filed a wrongful death lawsuit in St. Louis County in 2022 against the driver, the Missouri Highways and Transportation Commission — which governs the Department of Transportation — and several of Anderson’s supervisors.The state’s attorneys argued that Jaxx, like his mother, met the definition of an “employee” under Missouri workers’ compensation law, which includes an employee’s dependents in the event the employee is dead. Because Jaxx’s rights under Missouri law began at his conception, the filing read, he should be considered Anderson’s dependent. That would prevent a wrongful death suit brought against the Department of Transportation on Jaxx’s behalf.“Who the hell would argue that someone who hasn’t been born works for them and is a dependent?” said Andrew Mundwiller, the attorney representing Anderson’s family. “I would say it stretches the bounds of the law.”Theresa Otto, an attorney representing the Department of Transportation, declined to comment about the case, saying the department does not comment on active litigation.St. Louis University School of Law professor Michael Duff, who has written a book on workers’ compensation law, said this type of case was, “thankfully,” rare. But he did find nine cases nationwide since 1985 that examined whether workers’ compensation laws barred suits against companies for injuries sustained in utero. In each case, the answer was no and the lawsuit continued.On March 29, Judge Joseph Dueker, who was assigned the case in St. Louis County Circuit Court in Clayton, issued a similar ruling in Jaxx’s case, writing that barring Jaxx’s claims would lead to an “extremely absurd result.” A trial is set for March 2024.Sussman, of Pregnancy Justice, said broad personhood language would allow legal boundaries to be pushed until state legislatures act to clarify the laws.The case in Missouri prompted the introduction of a bill in the state legislature, dubbed “Jaxx’s Law,” that would bar unborn children from being considered employees in any civil actions, including wrongful death lawsuits.But they would still be considered people with legal rights.KFF Health News is a national newsroom that produces in-depth journalism about health issues and is one of the core operating programs at KFF—an independent source of health policy research, polling, and journalism.
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Poll: Support for Missouri abortion rights amendment growing

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A proposed constitutional amendment legalizing abortion in Missouri received support from more than half of respondents in a new poll from St. Louis University and YouGov.That’s a boost from a poll earlier this year, which could mean what’s known as Amendment 3 is in a solid position to pass in November.SLU/YouGov’s poll of 900 likely Missouri voters from Aug. 8-16 found that 52% of respondents would vote for Amendment 3, which would place constitutional protections for abortion up to fetal viability. Thirty-four percent would vote against the measure, while 14% aren’t sure.By comparison, the SLU/YouGov poll from February found that 44% of voters would back the abortion legalization amendment.St. Louis University political science professor Steven Rogers said 32% of Republicans and 53% of independents would vote for the amendment. That’s in addition to nearly 80% of Democratic respondents who would approve the measure. In the previous poll, 24% of Republicans supported the amendment.Rogers noted that neither Amendment 3 nor a separate ballot item raising the state’s minimum wage is helping Democratic candidates. GOP contenders for U.S. Senate, governor, lieutenant governor, treasurer and secretary of state all hold comfortable leads.“We are seeing this kind of crossover voting, a little bit, where there are voters who are basically saying, ‘I am going to the polls and I’m going to support a Republican candidate, but I’m also going to go to the polls and then I’m also going to try to expand abortion access and then raise the minimum wage,’” Rogers said.Republican gubernatorial nominee Mike Kehoe has a 51%-41% lead over Democrat Crystal Quade. And U.S. Sen. Josh Hawley is leading Democrat Lucas Kunce by 53% to 42%. Some GOP candidates for attorney general, secretary of state and treasurer have even larger leads over their Democratic rivals.
Brian Munoz
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St. Louis Public RadioHundreds of demonstrators pack into a parking lot at Planned Parenthood of St. Louis and Southwest Missouri on June 24, 2022, during a demonstration following the Supreme Court’s reversal of a case that guaranteed the constitutional right to an abortion.
One of the biggest challenges for foes of Amendment 3 could be financial.Typically, Missouri ballot initiatives with well-funded and well-organized campaigns have a better chance of passing — especially if the opposition is underfunded and disorganized. Since the end of July, the campaign committee formed to pass Amendment 3 received more than $3 million in donations of $5,000 or more.That money could be used for television advertisements to improve the proposal’s standing further, Rogers said, as well as point out that Missouri’s current abortion ban doesn’t allow the procedure in the case of rape or incest.“Meanwhile, the anti side won’t have those resources to kind of try to make that counter argument as strongly, and they don’t have public opinion as strongly on their side,” Rogers said.There is precedent of a well-funded initiative almost failing due to opposition from socially conservative voters.In 2006, a measure providing constitutional protections for embryonic stem cell research nearly failed — even though a campaign committee aimed at passing it had a commanding financial advantage.Former state Sen. Bob Onder was part of the opposition campaign to that measure. He said earlier this month it is possible to create a similar dynamic in 2024 against Amendment 3, if social conservatives who oppose abortion rights can band together.“This is not about reproductive rights or care for miscarriages or IVF or anything else,” said Onder, the GOP nominee for Missouri’s 3rd Congressional District seat. “Missourians will learn that out-of-state special interests and dark money from out of state is lying to them and they will reject this amendment.”Quade said earlier this month that Missourians of all political ideologies are ready to roll back the state’s abortion ban.“Regardless of political party, we hear from folks who are tired of politicians being in their doctor’s offices,” Quade said. “They want politicians to mind their own business. So this is going to excite folks all across the political spectrum.”
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Democrat Mark Osmack makes his case for Missouri treasurer

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Mark Osmack has been out of the electoral fray for awhile, but he never completely abandoned his passion for Missouri politics.Osmack, a Valley Park native and U.S. Army veteran, previously ran for Missouri’s 2nd Congressional District seat and for state Senate. Now he’s the Democratic nominee for state treasurer after receiving a phone call from Missouri Democratic Party Chairman Russ Carnahan asking him to run.“There’s a lot of decision making and processing and evaluation that goes into it, which is something I am very passionate and interested in,” Osmack said this week on an episode of Politically Speaking.Osmack is squaring off against state Treasurer Vivek Malek, who was able to easily win a crowded GOP primary against several veteran lawmakers including House Budget Chairman Cody Smith and state Sen. Andrew Koenig.While Malek was able to attract big donations to his political action committee and pour his own money into the campaign, Osmack isn’t worried that he won’t be able to compete in November. Since Malek was appointed to his post, Osmack contends he hasn’t proven that he’s a formidable opponent in a general election.“His actions and his decision making so far in his roughly two year tenure in that office have been questionable,” Osmack said.Among other things, Osmack was critical of Malek for placing unclaimed property notices on video gaming machines which are usually found in gas stations or convenience stores. The legality of the machines has been questioned for some time.As Malek explained on his own episode of Politically Speaking, he wanted to make sure the unclaimed property program was as widely advertised as possible. But he acknowledged it was a mistake to put the decals close to the machines and ultimately decided to remove them.Osmack said: “This doesn’t even pass the common sense sniff test of, ‘Hey, should I put state stickers claiming you might have a billion dollars on a gambling machine that is not registered with the state of Missouri?’ If we’re gonna give kudos for him acknowledging the wrong thing, it never should have been done in the first place.”Osmack’s platform includes supporting programs providing school meals using Missouri agriculture products and making child care more accessible for the working class.He said the fact that Missouri has such a large surplus shows that it’s possible to create programs to make child care within reach for parents.“It is quite audacious for [Republicans] to brag about $8 billion, with a B, dollars in state surplus, while we offer next to no social services to include pre-K, daycare, or child care,” Osmack said.Here’s are some other topics Osmack discussed on the show:How he would handle managing the state’s pension systems and approving low-income housing tax credits. The state treasurer’s office is on boards overseeing both of those programs.Malek’s decision to cut off investments from Chinese companies. Osmack said that Missouri needs to be cautious about abandoning China as a business partner, especially since they’re a major consumer of the state’s agriculture products. “There’s a way to make this work where we are not supporting communist nations to the detriment of the United States or our allies, while also maintaining strong economic ties that benefit Missouri farmers,” he said.What it was like to witness the skirmish at the Missouri State Fair between U.S. Sen. Josh Hawley and Democratic challenger Lucas Kunce.Whether Kunce can get the support of influential groups like the Democratic Senatorial Campaign Committee, which often channels money and staff to states with competitive Senate elections.
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As Illinois receives praise for its cannabis equity efforts, stakeholders work on system’s flaws

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Medical marijuana patients can now purchase cannabis grown by small businesses as part of their allotment, Illinois’ top cannabis regulator said, but smaller, newly licensed cannabis growers are still seeking greater access to the state’s medical marijuana customers.Illinois legalized medicinal marijuana beginning in 2014, then legalized it for recreational use in 2020. While the 2020 law legalized cannabis use for any adult age 21 or older, it did not expand licensing for medical dispensaries.Patients can purchase marijuana as part of the medical cannabis program at dual-purpose dispensaries, which are licensed to serve both medical and recreational customers. But dual-purpose dispensaries are greatly outnumbered by dispensaries only licensed to sell recreationally, and there are no medical-only dispensaries in the state.As another part of the adult-use legalization law, lawmakers created a “craft grow” license category that was designed to give more opportunities to Illinoisans hoping to legally grow and sell marijuana. The smaller-scale grow operations were part of the 2020 law’s efforts to diversify the cannabis industry in Illinois.Prior to that, all cultivation centers in Illinois were large-scale operations dominated by large multi-state operators. The existing cultivators, mostly in operation since 2014, were allowed to grow recreational cannabis beginning in 2019.Until recently, dual-purpose dispensaries have been unsure as to whether craft-grown products, made by social equity licensees — those who have lived in a disproportionately impacted area or have been historically impacted by the war on drugs — can be sold medicinally as part of a patient’s medical allotment.Erin Johnson, the state’s cannabis regulation oversight officer, told Capitol News Illinois last month that her office has “been telling dispensaries, as they have been asking us” they can now sell craft-grown products to medical patients.“There was just a track and trace issue on our end, but never anything statutorily,” she said.
Dilpreet Raju
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Capitol News IllinoisThe graphic shows how cannabis grown in Illinois gets from cultivation centers to customers.
No notice has been posted, but Johnson’s verbal guidance comes almost two years after the first craft grow business went online in Illinois.It allows roughly 150,000 medical patients, who dispensary owners say are the most consistent purchasers of marijuana, to buy products made by social equity businesses without paying recreational taxes. However — even as more dispensaries open — the number available to medical patients has not increased since 2018, something the Cannabis Regulation Oversight Office “desperately” wants to see changed. Johnson said Illinois is a limited license state, meaning “there are caps on everything” to help control the relatively new market.Berwyn Thompkins, who operates two cannabis businesses, said the rules limited options for patients and small businesses.“It’s about access,” Thompkins said. “Why wouldn’t we want all the patients — which the (adult-use) program was initially built around — why wouldn’t we want them to have access? They should have access to any dispensary.”Customers with a medical marijuana card pay a 1% tax on all marijuana products, whereas recreational customers pay retail taxes between roughly 20 and 40% on a given cannabis product, when accounting for local taxes.While Illinois has received praise for its equity-focused cannabis law, including through an independent study that showed more people of color own cannabis licenses than in any other state, some industry operators say they’ve experienced many unnecessary hurdles getting their businesses up and running.The state, in fact, announced last month that it had opened its 100th social equity dispensary.But Steve Olson, purchasing manager at a pair of dispensaries (including one dual-purpose dispensary) near Rockford, said small specialty license holders have been left in the lurch since the first craft grower opened in October 2022.“You would think that this would be something they’re (the government) trying to help out these social equity companies with, but they’re putting handcuffs on them in so many different spots,” he said. “One of them being this medical thing.”Olson said he contacted state agencies, including the Department of Financial and Professional Regulation, months ago about whether craft products can be sold to medical patients at their retail tax rate, but only heard one response: “They all say it was an oversight.”This potentially hurt social equity companies because they sell wholesale to dispensaries and may have been missing out on a consistent customer base through those medical dispensaries.Olson said the state’s attempts to provide licensees with a path to a successful business over the years, such as with corrective lotteries that granted more social equity licenses, have come up short.“It’s like they almost set up the social equity thing to fail so the big guys could come in and swoop up all these licenses,” Olson said. “I hate to feel like that but, if you look at it, it’s pretty black and white.”Olson said craft companies benefit from any type of retail sale.“If we sell it to medical patients or not, it’s a matter of, ‘Are we collecting the proper taxes?’ That’s all it is,” he said.State revenue from cannabis taxes, licensing costs and other fees goes into the Cannabis Regulation Fund, which is used to fund a host of programs, including cannabis offense expungement, the general revenue fund, and the R3 campaign aiming to uplift disinvested communities.For fiscal year 2024, nearly $256 million was paid out from Cannabis Regulation Fund for related initiatives, which includes almost $89 million transferred to the state’s general revenue fund and more than $20 million distributed to local governments, according to the Illinois Department of Revenue.Medical access still limitedThe state’s 55 medical dispensaries that predate the 2020 legalization law, mostly owned by publicly traded multistate operators that had been operating in Illinois since 2014 under the state’s medical marijuana program, were automatically granted a right to licenses to sell recreationally in January 2020. That gave them a dual-purpose license that no new entrants into the market can receive under current law.Since expanding their clientele in 2020, Illinois dispensaries have sold more than $6 billion worth of cannabis products through recreational transactions alone.Nearly two-thirds of dispensaries licensed to sell to medical patients are in the northeast counties of Cook, DuPage, Kane, Lake and Will. Dual-purpose dispensaries only represent about 20 percent of the state’s dispensaries.While the state began offering recreational dispensary licenses since the adult-use legalization law passed, it has not granted a new medical dispensary license since 2018. That has allowed the established players to continue to corner the market on the state’s nearly 150,000 medical marijuana patients.But social equity licensees and advocates say there are more ways to level the playing field, including expanding access to medical sales.Johnson, who became the state’s top cannabis regulator in late 2022, expressed hope for movement during the fall veto session on House Bill 2911, which would expand medical access to all Illinois dispensaries.“We would like every single dispensary in Illinois to be able to serve medical patients,” Johnson said. “It’s something that medical patients have been asking for, for years.”Johnson said the bill would benefit patients and small businesses.“It’s something we desperately want to happen as a state system, because we want to make sure that medical patients are able to easily access what they need,” she said. “We also think it’s good for our social equity dispensaries, as they’re opening, to be able to serve medical patients.”Rep. Bob Morgan, D-Deerfield, who was the first statewide project coordinator for Illinois’ medical cannabis program prior to joining the legislature, wrote in an email to Capitol News Illinois that the state needs to be doing more for its patients.“Illinois is failing the state’s 150,000 medical cannabis patients with debilitating conditions. Too many are still denied the patient protections they deserve, including access to their medicine,” Morgan wrote, adding he would continue to work with stakeholders on further legislation.Capitol News Illinois is a nonprofit, nonpartisan news service covering state government. It is distributed to hundreds of newspapers, radio and TV stations statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation, along with major contributions from the Illinois Broadcasters Foundation and Southern Illinois Editorial Association.
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