THE 100 REPORT
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General Assembly Should Self-Police Constitutionality of Laws
By Rep. Curtis Trent
The decision in Shannon v. Missouri Department of Health and Senior Services is a welcome check on the seemingly endless expanse of bureaucratic authority that has occurred under the auspices of controlling COVID. That decision found that administrative rules created by the Department of Health and Senior Services (DHSS) allowing for the creation and enforcement of orders against a wide variety of public and private entities, including orders closing businesses, violated the separation of powers principle of the Missouri Constitution and went beyond the scope of the Missouri Administrative Procedure Act. The decision also pointed to violations of other public health statutes and Missouri’s equal protection clause. The decision discusses at length the impermissibility of laws which give administrative officers arbitrary discretion and condemns statutes that contain insufficient guidelines to govern the decision-making of the executive branch.
I believe these principles have broad applicability to many areas of state statutes and should serve as a warning for careful legislators who want to craft laws that do not needlessly empower the bureaucracy. Unless a statute or regulation draws a lawsuit, the legislature is the primary line of defense against broad legal language and as the reaction to COVID reveals, failure to enact carefully defined laws can have a huge negative impact on the liberty of Missouri’s citizens.
While this lawsuit is welcome relief, it only comes after months of unconstitutional restrictions on the public, job losses, and interference with the people’s right to worship, among other consequences. If the legislature takes care to make sure the executive branch has clearly defined rules of conduct the chances of such overreaches will be reduced and the people’s control over their government will be more secure. I look forward to the General Assembly taking further actions to protect the people of Missouri against COVID overreaches, both state and federal, and hope this case will inspire more caution in all areas of legislation.
State Representative Mary Elizabeth Coleman Introduces “Empower Women, Promote Life Act”
The Supreme Court is poised to overturn Roe v. Wade and give States
back their right to protect the unborn. With Pro-Life majorities in the Missouri House and Senate in 2022, we must act now to ensure that Missouri is ready to protect women and the unborn. Please join us at ThriVe National Headquarters at noon on Thursday, December 16th, as pro-life leaders highlight the pro-life legislation filed this year to protect life.
“We must pass comprehensive pro-life legislation now,” said State Representative Mary Elizabeth Coleman. Her bill, the "Empower Women, Promote Life Act”, will Defund Planned Parenthood, provide protection for children born in a botched abortion, ban the brutal practice of dismemberment abortions, and follows Texas' lead in providing a civil course of action to empower women and promote life.
We must stand up for the Unborn. Republican Leadership may be resistant to taking up these bills because 2022 is an election year. Our voices must be heard now more than ever. We need to show them they will have our support to pass these bills and protect the most innocent among us. Please join us and show Missouri Legislative Leadership and the public our commitment to standing up for LIFE in 2022!
Rep. Nate Tate Considering Senate challenge to Ben Brown
Representative Nate Tate, who we reported earlier this week may fill the moderate gap left by Rep. Griesheimer, has made it official that he is considering running in the primary against conservative candidate Ben Brown for the senate seat being vacated by Dave Schatz. After the October report filing, Brown reported more than $54,000 cash on hand while Tate had about $7,000 cash on hand.
Rep. Nate Tate was the lowest rated republican member of the Missouri House by Missouri Club for Growth, was given an “F”-rating by Americans for Prosperity, and an “F”-rating from United for Missouri. He was rated higher by liberal abortion advocates NARAL than he was with the previously named conservative organizations.
Galloway’s Audit of City of St. Louis Department of Human Services Recommends Several Areas for Improvement
Auditors recommended that the Department improve its procedures for awarding and monitoring grants. Auditors found that required on-site monitoring procedures for the Child and Adult Care Food Program (CACFP) and Summer Food Service Program (SFSP) are insufficient to ensure compliance with program requirements.
The audit also found that DHS officials did not sufficiently review supporting documentation for grant disbursements and/or ensure all grant and contract requirements were met prior to authorizing payments. Auditors also recommended improvements to controls and procedures over payroll as well as compliance with the Sunshine Law.
Tonight! Fundraiser for Ben Brown
We would like to encourage our members to support Ben Brown in his race for State Senate. Attend in person or donate online at benbrownforsenate.com
Long vows to ‘get real and serious’ about US Senate race as he takes shots at opponents, and touts endorsement by Moms for America
At a rollout of his new endorsement from “Moms for America”, Billy Long took the opportunity to take several shots at this other opponents in the race for united states senate.
“I don’t see any of the Erics on the campaign trail anywhere. I think it’s time they start campaigning in Missouri, and we can have discussions and debate,” Long said. “I’m working the ground game, and they’re working the 30,000-foot game. I plan on building grassroots support and that’s why I have Kimberly’s backing and a couple of other ladies who attended today who work with Moms for America.”
“It’s OK to fly at 30,000 feet and campaign all over the United States and not show up in Missouri, not come to Lincoln Days, not come to Pachyderm Club, and maybe that’s the way you get elected. Maybe you look better from afar,” Long said.
“His problems were not a witchhunt. His problems were those he brought on himself,” Long continued. “Eric Greitens is fighting for himself, and I’m fighting for you all. … Nobody wants Eric Greitens to be the nominee more than [Senate Majority Leader] Chuck Schumer and our president.”
Long criticized Attorney General Eric Schmitt for his support of initiatives that would have supported Chinese businesses, such as the since-defunct plan to use tax credits to entice China to build a hub at the Lambert-St. Louis International Airport. He also took a jab at Schmitt’s lawsuits, quipping that he calls him “Dr. Suess because he sues everybody.”
And as for Congresswoman Vicky Hartzler, Long said he had a higher rating among conservative groups like the American Conservative Union than her.
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The 100 Newsletter is intended to be a conservative review of the most up to date, inside information of what is going on in Missouri Politics and does not reflect an endorsement of any campaign or committee. We provide tips, articles, op-eds, updates, and event opportunities based on the most up-to-date happenings in state and federal government. Please feel free to submit your tips and suggestions to be included in the newsletter to Ellie@the100pac.com or Brett@victoryenterprises.com