Since then, the fiscal note has been at an impasse: Bailey won’t certify it, Fitzpatrick won’t cave, and there’s no other route for the process to move forward. “The law doesn’t even contemplate that we’d be in this situation,” says Tony Rothert, advocacy director for the ACLU of Missouri. “And what has happened is, no one has done anything.” In May, the ACLU of Missouri filed a lawsuit against Bailey, trying to get a court to force him to approve Fitzpatrick’s original estimate. Last month, a lower court agreed, ordering Bailey to certify the fiscal note. Yet when Bailey appealed, he was allowed to wait for a state Supreme Court hearing, which is set for July 18. “As long as I’m Attorney General, my office will continue to use every tool at its disposal to protect the unborn,” Bailey said in a press release earlier this month. “Our children are worth the fight.”
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