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. and >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. Defendants >appealed and moved for a stay, pending appeal of the >injunction. 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" here. ======================================================================== Paul Andrew Mitchell : Counselor at Law, federal witness B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night email: [address in tool bar] : using Eudora Pro 3.0.3 on 586 CPU website: http://www.supremelaw.com : visit the Supreme Law Library now ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this As agents of the Most High, we came here to establish justice. We shall not leave, until our mission is accomplished and justice reigns eternal. ======================================================================== [This text formatted on-screen in Courier 11, non-proportional spacing.]
Return to Table of Contents for
Supreme Law School: E-mail