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#1
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The Alaska Supreme Court released today their opinion on the 2006 case favoring the ACLU. The ACLU originally filed a lawsuit against the state when a law was passed a law making it illegal to possess less than 1oz of MJ.
Here's the conclusion, the full opinion can be found here: No. 6357 S-12370 State, David W. Marquez, Attorney General v. American Civil Liberties Union of Alaska [other civil] http://www.state.ak.us/courts/ops/sp-6357.pdf We conclude that the actual controversy requirement of AS 22.10.020(g) has not been satisfied because this case is not ripe for decision. In striking the balance required by the ripeness doctrine, the risks of adjudicating the constitutionality of AS 11.71.060 in a hypothetical setting outweigh the negligible hardships that the plaintiffs will face if we do not decide this issue. On the “need for decision” side of the scale, plaintiffs’ need is slight because their conduct, regardless of how this court might rule, would still be criminal under federal statutes which impose much more severe penalties than the amended state statute. On the risk side of the scale, our concerns echo those that we expressed in Brause: Without more immediate facts it will be difficult to deal intelligently with the legal issues presented. . . . In order to grant relief . . . [this] court would have to declare a statute unconstitutional. This is, of course, a power that courts possess. But it is not a power that should be exercised unnecessarily, for doing so can undermine public trust and confidence in the courts and be interpreted as an indication of lack of respect for the legislative and executive branches of government. Further, ruling on the constitutionality of a statute when the issues are not concretely framed increasesthe risk of erroneous decisions.[54]In accordance with these views, the superior court’s judgment in favor of the ACLU, Jane Doe, and Jane Roe, is VACATED and this appeal is DISMISSED. Last edited by pdub; 04-03-2009 at 05:45 PM.. |
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#2
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What's the problem? You said:
The Alaska Supreme Court released today their opinion on the 2006 case favoring the ACLU. The ACLU originally filed a lawsuit against the state when a law was passed a law making it illegal to possess less than 1oz of MJ. Just carry more than an oz. out.
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______________________________________ You haven't countered nothing, because the points you made are not valid, you are basing your counter on information you don't understand, regardless the accuracy of the information, because it does not state what you are saying.. (Brazko) |
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#3
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Quote:
The legislator responded by passing the law making it illegal to possess any amount and then ACLU sued the state. The ACLU originally won, the Atty Gen appealed, and the earlier decision is vacated. |
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#4
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Okay, I was just making abit of a joke... your post said it was illegal to possess LESS than 1 oz. That would make an awful lot of violators...
Okay, it has been vacated...that means what? back to 1 oz.? out.
__________________
______________________________________ You haven't countered nothing, because the points you made are not valid, you are basing your counter on information you don't understand, regardless the accuracy of the information, because it does not state what you are saying.. (Brazko) |
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