February 21, 2006

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Another sign of the Apocolypse, perhaps?
The high court SLAMS Judge Mary Merten James’ previous incoherent, outcome based ruling. the effort continues. This judge needs to be recalled, spanked, and sent to her room without any coco. In fact, so thoroughly discredited was Judge James’ decision on M37, that it was tantamount to sending her back to school. So maybe she should save us the trouble of recalling her and simply resign in disgrace.

Here’s the conclusion of the decision by the Oregon Supreme Court (find the entire ruling here).

In sum, we conclude that (1) plaintiffs’ claims are justiciable; (2) Measure 37 does not impede the legislative plenary power; (3) Measure 37 does not violate the equal privileges and immunities guarantee of Article I, section 20, of the Oregon Constitution; (4) Measure 37 does not violate the suspension of laws provision contained in Article I, section 22, of the Oregon Constitution; (5) Measure 37 does not violate separation of powers constraints; (6) Measure 37 does not waive impermissibly sovereign immunity; and (7) Measure 37 does not violate the Fourteenth Amendment to the United States Constitution.
The trial court’s contrary conclusions under the state and federal constitutions were erroneous and must be reversed.
The judgment of the circuit court is reversed, and the case is remanded for entry of judgment in favor of defendants and intervenors.

Tell ’em where you saw it. Http://