Oregon Measure 114 litigation

[CamoDeafie]

Agree. We will have to see how it goes from this point on. But if the disrespect for SCOTUS continues, then we will have no legal system whatsoever.

And it's every man for himself.

Not "if" but "when"

 

[Koda]

Clergy should be more interested in God's Law than that of Man. They should also be more interested in saving souls than in the flesh. If they were truly clergy, that is.

Every religion wants theirs to be a theocracy...
But isn't it illegal for religious groups to campaign for political causes or lose their tax exempt status?

 

[3MTA3]

Every religion wants theirs to be a theocracy...
But isn't it illegal for religious groups to campaign for political causes or lose their tax exempt status?

Apparently only if they back the "wrong" political causes. Wonder if any of these guys got upset that it was OK to gather in order to riot, protest and loot during the lock downs but not OK to gather for a church service?

 

[Mono1]

Every religion wants theirs to be a theocracy...
But isn't it illegal for religious groups to campaign for political causes or lose their tax exempt status?

Yup, True Dat.

 

[old greg]

Tldr;

Anyone got the 214 page spark notes? Its too much reading for my simple brain

 

[CamoDeafie]

Mostly speculation.

As it stands; we still have a Fed appeal from the Immergut case in the 9th District (any update on that?), and just the most current State Court of Appeals thing where they granted the State an extension of deadline for a brief because they wanted a 15,000 word transcript to be approved (as opposed to 10,000 usual), and the Court did not notify Tony (attorney for our side against the State); who threw a fit about it.

 

[VinnieBoomBah]

Tldr;

Anyone got the 214 page spark notes? Its too much reading for my simple brain

From the top and really really oversimplified
The measure past barely
The state lost in court and appealed
The state missed the deadline for filing their appeal and asked for an extension which is either kind of relatively normal and happens a lot or super nefarious and proof of deep state shenanigans
Our side is asking the court to ignore the states appeal because 1) it's stupid and 2) they missed the deadline and now we're just waiting to find out what happens next

 

[Jade Falcon]

When is the Oregon Supreme Court hearing on this? Or do we have to wait until this deadline hearing is done?

 

[CamoDeafie]

When is the Oregon Supreme Court hearing on this? Or do we have to wait until this deadline hearing is done?

Wait until the Appeals Court hearing, I believe. Either way, it'll go to Oregon Supremes, and then there is a very slim to non chance that Oregon Supremes will decide in favor of Raschio's decision; its far more likely they'll employ the exact same flawed interest-balancing reasonings that Karin Immergut used in the Oregon Fed Court.

Edit, by "either way", I refer to how the Appeals Court will decide, uphold Raschio (will Hell freeze first?), or overturn Raschio (do bears go in the woods?) On the State's side;
EIther way, will have appeal up to OSC,and then possibly merge with Immergut's 9th District case; if SCOTUS don't get to Miller v Bonta or Duncan v Bonta this term.

 

[AshWilliams]

Wait until the Appeals Court hearing, I believe. Either way, it'll go to Oregon Supremes, and then there is a very slim to non chance that Oregon Supremes will decide in favor of Raschio's decision; its far more likely they'll employ the exact same flawed interest-balancing reasonings that Karin Immergut used in the Oregon Fed Court.

If you look at how they're couching the appeal with Kotek, Oregon State Police, and the AG leading the appeal along with a whole roster of anti-2A "friends of the court", this is a full court press and my personal opinion is that there is very little chance that the ruling will be in our favor. My question would be where it goes after this. I'm guessing SCOTUS would not take up this case?

Either way, as I've said in previous posts, get what you need now.

 

[Jade Falcon]

Wait until the Appeals Court hearing, I believe. Either way, it'll go to Oregon Supremes, and then there is a very slim to non chance that Oregon Supremes will decide in favor of Raschio's decision; its far more likely they'll employ the exact same flawed interest-balancing reasonings that Karin Immergut used in the Oregon Fed Court.

Edit, by "either way", I refer to how the Appeals Court will decide, uphold Raschio (will Hell freeze first?), or overturn Raschio (do bears go in the woods?) On the State's side;
EIther way, will have appeal up to OSC,and then possibly merge with Immergut's 9th District case; if SCOTUS don't get to Miller v Bonta or Duncan v Bonta this term.

Okay, so the Appeals Court is the one that this is going to first, and not the OSC? I get so confused. So when is the Appeals Court date? September?

 

[CamoDeafie]

Okay, so the Appeals Court is the one that this is going to first, and not the OSC? I get so confused. So when is the Appeals Court date? September?

I believe so, as for hearing date, unsure? @PiratePast40 ?

 

[PiratePast40]

I don't see it on their calendar yet: https://www.courts.oregon.gov/courts/appellate/go/pages/coa-calendar.aspx, but it only goes out to till 8/29. Yarome had earlier said it was tentatively scheduled for mid-September.

 

[Ura-Ki]

You guys are tracking pretty close!
Appeals court likely to over turn Harny County judge Rashio, we know that, the only question there is what the appeals court rules must happen with 114 going into appeal to State Supreme Court! In the meantime, we are awaiting the 9th circuit, looks like they want to ether drag their feet past June to see what SCUTUS hands down, plus any movement toward miller v bonta and the other cases the 9th is playing games on, so.......... We are forced to wait unless SCOTUS drops the hammer with a summery reversal with malise on the 9th, then we wait until that clears before we get relief! Don't expect any kind of injunction before SCOTUS steps in, both the state and the 9th will absolutely push 114 into effect, never mind the PTP isn't and will never be ready and workable, that's not the point!

 

[Rkangel]

Agree. We will have to see how it goes from this point on. But if the disrespect for SCOTUS continues, then we will have no legal system whatsoever.

And it's every man for himself.

They really feel like they can't lose.
Option A: Trample the constitutional rights of the people and if the people don't respond, then they've succeeded in taking away more rights.
Option B: Trample the constitutional rights of the people and if the people do respond, then they have successfully gaslighted the people....as proof that they need to take away more of the people's rights.

As the old Chinese curse goes: "may you live in interesting times."
We are living in interesting times.

 

[AshWilliams]

They really feel like they can't lose...

Well, they can't really. The deck is stacked and the table tilted.

This whole thing is a flagrant affront to fundamental constitutional rights, and they're going to get away with it and they know it.

 

[jayR]

War is Peace.
Freedom is Slavery.
Ignorance is Strength.

 

[old greg]

Either way, as I've said in previous posts, get what you need now.

Does anyone have a best idea for when this hammer may drop?

 

[lucusloc]

Does anyone have a best idea for when this hammer may drop?

Probably the first hearing, tentatively scheduled for mid August I think.

 

[solv3nt]

"Dropped" you say.