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Posts published in “Day: February 21, 2006”


Measure 37 is back in full, and not. Legally, it has returned to status as functional and operative law of Oregon. Politically? That may be another matter.

Its constitutionality was upheld firmly in today's decision by the Oregon Supreme Court in Hector McPherson v. Department of Administrative Services - it left no part of the legal attack on the land use law standing. Most basically, the court held that a lower court judge and the plaintiffs misunderstood the relationship between the measure and the nature of legislative power in Oregon.)

The summary paragraph read this way: "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."

Every challenge posed so far was rejected, and that probably means Measure 37 will not be thrown out by the courts, period.

There may be other meanings as well, though. (more…)