July 13th, 2007
Setback in I-960 lawsuit
Via our parent organization’s blog, some bad news:
Judge refuses to block I-960 from ballot
Before actually granting the state’s motion, the judge explained the various reasons why she did not want to address the issues raised by the plaintiffs. At one point she even paused and clearly stated, “This is very limited review.”
She did not address the constitutionality of the measure, noting that would, however, be appropriate for post-election review.
And while acknowledging that the scope issue was pertinent to the case, she basically sidestepped it. For example, she refused to look at the supermajority issue on the basis that a similiar requirement was approved years ago as part of Initiative 601 (and is now on the books, although the Legislature has not considered the law to be binding, and no court has considered its validity or constitutionality.)
So we didn’t get the definitive ruling for or against the suit that I thought we would get from the Court. Restraint evidently weighed heavily on Judge Shaffer’s consideration of the plaintiffs’ request.
Futurewise and SEIU 775 could still appeal the decision to the state Supreme Court, which might come out of summer recess to hear two other unrelated cases that also pertain to the 2007 general election this November.
Eyman should think twice before he gloats…this may not be over yet.