Time: Wed Sep 03 06:32:57 1997
	by usr05.primenet.com (8.8.5/8.8.5) with SMTP id GAA26557;
	Wed, 3 Sep 1997 06:29:22 -0700 (MST)
Date: Wed, 03 Sep 1997 06:29:24 -0700
To: aal@inetarena.com
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: Oregon Court of Appeals Media Release 08/27 (fwd)

>Marion County Circuit Court entered judgment declaring 
>section 2 of 1996 Ballot measure 40 unconstitutional

Unconstitutionality dates from enactment,
not from the decision so branding it.

>enjoining defendant Governor John Kitzhaber "and his 
>subordinates and the state and its subdivisions" from 
>enforcing or attempting to enforce Section 2.

Unconstitutional laws cannot be enforced,
so an injunction was issued against
enforcement of the law.

>appealed and moved for a stay, pending appeal of the 

They requested a stay, or "suspension" of the injunction,
pending results of their appeal.

The Court of Appeals exercised its inherent 
>authority to allow a stay pending appeal,

Motion for the stay was granted.

 because defendants 
>are more likely to suffer irreparable harm if the stay were 
>denied than are plaintiffs if the stay were allowed.

Court performed balancing act here, and weighed
the probable damages resulting from (1) granting
and (2) denying the stay.  Stay was granted, because
court decided that denying the stay would cause
irreparable harm -- emphasis on "irreparable"

Paul Andrew Mitchell                 : Counselor at Law, federal witness
B.A., Political Science, UCLA;  M.S., Public Administration, U.C. Irvine

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