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MEASURE 7 LAWSUIT ARGUED IN OREGON SUPREME COURT

On September 10, the Oregon Supreme Court heard arguments on two legal challenges to Ballot Measure 7, the compensation measure approved by the voters in November, 2000.

The lawsuits claim that Measure 7 violates the Oregon Constitution because it makes more than one amendment to the constitution and because the signature petitions for Measure 7 did not contain the full text of the measure.

The two lawsuits were filed after the November election, despite the fact that the claims could have been filed before signatures had been gathered, and despite the fact that Secretary of State Bill Bradbury reviewed Measure 7 before signatures had been gathered and found that Measure 7 did not violate any provision of the Oregon Constitution.

"I think it is ridiculous that the courts would even consider these claims now," said Dave Hunnicutt, Director of Legal Affairs for Oregonians In Action. "The people filing these lawsuits could have challenged Bill Bradbury’s ruling before the election, and before signatures had been gathered, but they didn’t. It’s too late now."

Hunnicutt sees a dangerous trend from the Measure 7 lawsuits. "What we’re seeing now is an attempt by people who lose in the election to overturn the vote by filing lawsuits. By waiting until after the election has been held, these people ask the courts to tell the Oregon voters that their votes didn’t count, and that the court, not the voters, really knows what’s best for this state. That’s not the job of the Oregon courts."

In addition to ruling on Measure 7, the potential fallout from the lawsuits is also tremendous. "If Measure 7 is unconstitutional, then a number of other provisions of the Oregon Constitution would also fail," continued Hunnicutt. "The Oregon Court of Appeals, term limits, the ability of the Secretary of State to redistrict, the repeal of prohibition, the Oregon lottery, just to name a few, would all be unconstitutional if the Oregon Supreme Court agrees with the people challenging Measure 7."

"The only way that the court could knock out Measure 7 and avoid ruling all of the other provisions of the constitution invalid would be to rule that the Oregon Constitution had two meanings, one that applies to Measure 7, and another that applies to all other measures."

"Surely the court wouldn’t let their own personal feelings towards Measure 7, whatever they may be, interfere with their ability to understand that the Oregon Constitution means the same thing yesterday, today, and tomorrow, and that the Constitution can’t have two meanings, one for things the court likes and another for things they don’t."

A ruling from the court is expected around the end of the year.

Previous articles about Measure 7:

Measure 7 litigation moves to Oregon Supreme Court
Legislature gives up on Measure 7
OIA defends Measure 7 in courts, State Capitol
Measure 7: The peoples response to gov't shenanigans
Passage Of Measure 7 Plugs An Unfair Loophole --
Critisims mount over Measure 7 judge


Text of Measure 7