Attorneys - Collective bargaining suit should go forward

JEFFERSON CITY, Mo. -- A judge should reject Gov. Bob Holden's request to throw out a lawsuit challenging his executive order on collective bargaining, some business groups and lawmakers said.

In a petition to be filed Thursday in Cole County Circuit Court, the individuals and groups suing Holden say their lawsuit should be allowed to move forward.

Holden said in legal papers last month that the plaintiffs filed the lawsuit prematurely, lacked grounds to sue and raised political questions that have no place in court.

That motion filed before Judge Thomas Brown also argued that Holden had the legal right to sign the order without legislative approval.

Motions to dismiss are common in many lawsuits and almost always result in motions to challenge them. A copy of the plaintiff's motion was provided Wednesday to Attorney General Jay Nixon's office, which is representing Holden in the lawsuit.

Attorneys those suing argue that their case is timely and should be heard because a controversy exists that should be decided by a court.

"The dispute is immediate, direct and concrete," the court filing said. A ruling in their favor "will terminate the uncertainty and resulting insecurity."

As for Holden's claim about the political nature of the lawsuit, attorneys said the assertion is misplaced and their dispute legitimate.

"It is certainly not an area involving a mere political question not subject to judicial review," the court filing said.