B.L.U.F. Measure 114 is on hold for the time being as the Oregon Supreme Court rules to not let the state proceed with the law.
Measure 114 is the gun grabbers dream bill out in Oregon. The gun grabbers were not able to get the legislature to pass it so instead they took it to a popular vote. Mob rule in other words.
There was some upset about how it got onto the ballot but it did. It passed, barely.
So now it is “voter approved” and the media constantly points that out as they discuss the multiple lawsuits that have been filed.
As we’ve discussed in the pass, there are two primary paths through the courts. At the state level there is the lower court, there might be an appeals court, then there is the state supreme court and then over that is the US Supreme Court. At the federal level there are the district courts, over them are the circuit courts of appeal, and above them is the US Supreme Court.
At every level there are three responses the court can give.
If your case is dismissed or you loose your case you can appeal. The higher court can the grant the appeal or deny it. If that higher court is an intermediate court, you can appeal to the next higher court.
You can appeal all the way to the US Supreme Court. If SCOTUS decides not to hear your case, then your case is over. You can reapply with changes but the Justices have been known to say “if this yoyo applies again, charge them.”
In general, when a court decides they will not hear a case, they just say that. Nothing more. It is unusual when they actually issue an opinion to go along with that decision. This is why the Antonyuk III denial at SCOTUS was so powerful. Alito, with Thomas concurring, told the plaintiffs that their case was not heard for procedural reasons and that if the Second Circuit Court didn’t respond in a timely fashion the plaintiffs should bring the issue back to SCOTUS.
In general, if your case involves the US constitution, you bring your case up through the federal court system. This is what they did in Oregon. The district court did not grant temporary injunctions nor did they grant any injunctions and the cases are moving slowly. The Ninth Circus Court is highly unlikely to hear an appeal and even if they do, they will delay and then rule that the case has to move forward at a pace that makes glaciers moving look like NASCAR racing.
The lawyers dealing with Measure 114 out in Oregon took a second track as well. They brought the case before a county judge. This is the state level equivalent of a district court at the federal level. Lowest tier.
The judge looked it over and using the Oregon constitution ruled that in his opinion, the plaintiffs (good guys) would prevail at trial and granted an injunction blocking Measure 114 from going in to effect.
The state then appealed to the Oregon Supreme court. The Oregon Supreme Court declined to hear the appeal. This let the temporary and later preliminary injunctions stay in place.
This week the Oregon Supreme Court issued another ruling/opinion. The state had requested an emergency request to allow them to let the law go into effect.
The Oregon Supreme Court denied the appeal. Measure 114 is enjoined for the time being. Another win.
5 thoughts on “Measure 114 Small Update”
All this fuggery is the result of 60 plus years of left liberal encroachment on America. Judges have become political appointees, some good some liberal (mostly liberal) It becomes a crap shoot if you can get a good judge or a political hack that will rule on his party line no matter what our Constitution says. Glad to see 114 get stopped (for now).
I think this is another test run in liberal land just like up here they manage to get stupid “bills” out so all the liberals can “vote” on it. Voters “stopped” a power line construction because “it will destroy our precious environment “ Recently ruled un-Constitutional , HA!! And the “$15 dollar an hour minimum wage got voted in and now the do-gooders are whining thier non meat burger is $13 now! We have a skinny million DUMB mfers here.. now the “crisis “ is tptb want to do off shore wind farms foreign investors paid(green energy that hippies luv) and all the hippies are freakin out about it. Never happy
Measure 114 won, barely?
Gee I wonder how many mail in ballots were needed a week after election day to make that happen?
It will be a good thing when it is overturned. “The will of the people(?)” or not, Unconstitutional is still Unconstitutional.
So glad to see the Harney County Justice and the State Supreme Court side with the GOA (plaintiffs) so far… let’s hope they keep it up and go so far as strike the law as unconstitutional. I’m embarrassed that our state AG is spending taxpayer dollars to die on a hill that a 4 year old with a crayon could spell out for ya: “SHALL NOT BE INFRINGED.”
Ballot initiatives. Sigh. Sold as a “good thing, so the people can exercise their will when the legislature doesn’t do its job.” Maybe.
But more often than not, it imposes a tyranny of the majority, or such is my observation.
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