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Challenge filed to Mississippi Supreme Court’s ruling on Initiative 65

Updated: Jun. 2, 2021 at 2:10 PM CDT
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JACKSON, Miss. (WLBT) -Paperwork is now filed to challenge the controversial Supreme Court ruling that overturned Initiative 65.

A week ago, hundreds of folks showed up to protest the Supreme Court decision. Now, some of them have filed motions challenging it. The group behind the early voting initiative is one them.

“The motion of intervention is to try to say...we will be damaged by what you’re doing,” explained Author, MS Early Voting Ballot Initiative Kelly Jacobs. “So, we want you to make us a party of the action.”

Kelly Jacobs says the second motion requests a rehearing. Among those arguments ,they say the court is legislating from the bench and can’t issue a ruling that’s retroactive to before an election.

“We have sent the hail Mary football down the field and the only people down there to catch it is the Supreme Court,” added Jacobs.

Per their release, Some of the points covered in their Motion for a Rehearing:

· Citizens who sponsored the MS Early Voting ballot Initiative #78 (MEVi78), were joined by Initiative 77 sponsor for the 5/28/21 filing for a Motion to Intervene and also a Motion for a Rehearing.

· Our action was necessary to protect Mississippians because no rehearing was requested by the SOS.

· Nullification of our Constitutional Rights to petition our government, which is the second nullification in 99 years by our MS Supreme Court.

· Nullified Bi65 initiative that received 74% approval in the November 3rd, 2020 election.

· MS Legislature failed to act from 1922-1992. MS citizens are not willing to wait 70 years for the legislature to enact another fix.

· MS failed to pass constitutional legislative fix out of committee from 2003-2015

· The separation of powers doctrine requires that the court show deference to the Secretary of State due to its status as a separately elected office as per this Court’s own recent precedent.

· The Court is legislating from the bench absent any authority to do so.

· The Court cannot issue a ruling that is retroactive to before an election, thereby invalidating votes by electors that have already been certified in an election.

Joining in the filing is Dr. David Allen ,sponsor of Initiative 77 that seeks to legalize marijuana.

“Constitutional law means that no law is above constitutional law,” described Dr. Allne. “So, that means that no person, no judge, no court can deny constitutional law. We believe the Secretary of State was correct when he approved 65 for the vote and that regardless, even if errors were made, once the people vote for it then no law is superior to that.”

Meanwhile, Sen. Chad McMahan says special session chatter continues behind the scenes.

“I happen to represent an area where every single ballot box voted in support of the medical marijuana program,” said McMahan. “So, it’s my duty to vote for some type of medical marijuana program to support the majority of the will of the people I represent.”

But he does think the legislature should consider one change.

“I think it should reflect as closely to i65 initiative,” explained McMahan. “Now, I do support that the money goes to the general fund. The general fund supports the people of Mississippi...roads, bridges, schools, law enforcement. So, I would support some type of taxation program that’s going to the general fund so that all Mississippians can benefit.”

That’s been a point of contention with many that support of Initiative 65. They’ve said they don’t want lawmakers to take a special session as the opportunity to rewrite anything.

Also happening this week, the Senate Public Health Committee plans to hold a hearing on medical marijuana on Thursday.

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