Secretary of State Miguel Watson filed his response to Mayor's Mary's petition to block the certification of the Initiative 65 referendum today. The medical marijuana initiative overwhelmingly passed Tuesday.
Mayor Hawkins-Butler and the City of Madison filed an emergency petition
against Secretary of State Michael Watson yesterday in the Mississippi
Supreme Court that seeks to declare the initiative invalid. The 34-page
petition revolves around one central point: the Secretary of State
improperly certified the petition for Initiative 65 in 2019 by ignoring
the Mississippi Constitution's requirement that each congressional
district can only contribute 20% of the required signatures for an
initiative. Earlier post.
The petition accuses the Secretary of State of amending Section 273 (3) without the approval of the voters:
the Secretary of State nonetheless has followed an "amended" Section 273(3) and has inserted "the last five-district congressional district plan which was is effect prior to the adoption of the current four-district plan" into the text of the Constitution.1 Ignoring the plain language of Section 273(3) and violating Miss. Code Ann.§ 23-17- 23(b), the Secretary of State determined the petitions in support of Initiative Measure No. 65 were sufficient.
Section 273 (3) states:
(3) The people reserve unto themselves the power to propose and enact constitutional amendments by initiative. An initiative to amend the Constitution may be proposed by a petition signed over a twelve-month period by qualified electors equal in number to at least twelve percent (12%) of the votes for all candidates for Governor in the last gubernatorial election. The signatures of the qualified electors from any congressional district shall not exceed one-fifth (1/5) of the total number of signatures required to qualify an initiative petition for placement upon the ballot. If an initiative petition contains signatures from a single congressional district which exceed one-fifth (1/5) of the total number of required signatures, the excess number of signatures from that congressional district shall not be considered by the Secretary of State i determining whether the petition qualifies for placement on the ballot.
Mr. Watson said the Madison Mayor had years to file her petition and that it was "untimely." He also claimed the doctrine of laches barred her petition as well.
Kingfish note: Have to run out for a while. I will flesh out this post later. Mr. Watson's reply is posted below.
30 comments:
Wonder who the legal brains are behind Watson's filing, as it likely isn't him.
Definitely not him but he doesn’t have the balls to squash what 70% of the voters just approved. His political runway is a lot longer than Tate’s or Mary’s. Supremes will side with him and chemo patients will have weed in a year.
If one has to resort to equity arguments such as laches, then one is usually in trouble. Seems to me that the statute is a legal impossibility and, therefore, null and void. Since the voters have spoken so loudly on this issue, it behooves the legislature to implement some kind of marijuana legalization, maybe just medicinal use (ha ha) and/or perhaps limited recreational use, if Mary wins.
Regardless of outcome, people obtain and smoke pot. It is already here whether conservatives like it or not, and jails are crowded. Cops have more pressing matters to deal with.
Carlos maybe? Nope, nada, zip on that idea.
Righteous answer dude. Watson is far out. Can't wait to get my medicine.
So why are the Sheriffs and police officers against it? Seems it would give them more time to get the bad guys.
8:15, first sentence, Agree. Trouble.
Justin Matheny prepared the brief. He's a really good attorney.
The dispensing of medical marijuana should be through existing retail pharmacies. I doubt most people want pot shops everywhere.
One of Fitch's females is on the case as well. Krissy Nobile filed an entry of appearance for AG as well.
Oh we can have pill and liquor shops on every corner, but not weed?
What kind of prison is this?
Justin Matheny is a good attorney, and he likely enough researched and wrote the brief. Krissy Nobile is a very good lawyer as well, but she just had an argument in the federal supreme court and would hardly likely have had the time or energy to have done much on this case. That she entered an appearance tells no tales about who actually did the work. The attorney general's office has made some pretty effective arguments, I think, and, no, contrary to what one person said here, laches is not a weak argument to make under the facts here. The attorney general's office points out well that if Queen Mary is correct then nothing done by initiative since Mississippi lost a seat in the congress could be valid, and nothing in the future either, unless the law is amended. While I wouldn't put it past your supreme court to be influenced by the fairly powerful interests that opposed this initiative, I think it will take some pretty fancy legal footwork to strike this initiative while at the same time upholding the law that provides for initiatives. But then maybe the political class would like to see this law struck. After all, they all know that Chris McDaniel is trying to get the 1894 flag back on the ballot next year through this process. And besides, aren't you sick and tired of uppitidy voters doing stuff like this? Who in the hell do they think they are, for crying out loud?
Someone sarcastically wondered 'who wrote this as Watson obviously didn't'. The better question is who poked the Queen and suggested she append her name to the challenge - as it certainly was not she who came up with the idea.
Now I'll have to look up 'laches'.
To succeed on laches requires the meeting of three elements. One of those elements is a requirement that any claimed delay must have resulted in prejudice to the defendant resulting from the delay. Other than a little heartburn, what prejudice has Secretary Watson experienced?
One of Fitches females?
Why in the world would you classify her that way?
Oh that’s right....clicks and trolling
You must have needed a sandwich so you got your clicks.
230 is doomed and I’m gonna eat lots of popcorn and watch the depos
All right! This obviously looks like a ploy (both parties being complicit) to repay attorneys for previous donations and favors. This is going nowhere, but you and I (the taxpayers) will be paying the legal fees. I have supported Mayor Mary for thirty years, but that has just come to an end. There might be a thread of a chance this might work if 30 other states had not already dealt with this. P.s. I don’t do weed.
Krissy and Justin are both great attorneys. They've been in that office for years and really know what they're doing.
7:15 You don't believe in the right of the people to chose?
Suppression of the will of the people is a big thing in Mississippi. This is demostrated by Mary Hawkins political tricks! Mary painted eyes has destroyed her mind with toxins! This old cow needs to be put out to pasture.
The fear that there is going to be a pot shop on every corner is crazy. The laws of Supply and Demand are going to control the market. Most people who use weed will still get it from the street. 2 maybe 3 dispenseries will survive. These guys will be descerte and very secure also. Think about it, it's still going to be a cash business and the medical weed will sell faster than catfish on the streets.
Most will be reluctant to get a medical card because their use now becomes public record. For me a retired non gun owner it's no big deal.
Term Limits for ALL...The Public Servants work for us.
Justin Matheny is proof that civility and the practice of law are not mutually exclusive. Justin is as good a lawyer as you can find.
Attn 8:19 please give some examples of what these 2 GREAT attorneys have accomplished!
Yep 10:25 am
So, an elected SOS is supposed to tell the elected Supremes whether or not something that passed with 70% approval should be invalidated. Even Mary doesn't have balls that big.
What, exactly, is the prejudice to have befallen the Secretary?
Remember now, all you attorneys and arm-chair pundits, that's a key requirement to any claim of laches.
PS: I understood Kingfish's comment regarding 'Lynn's girls' as I do recall her filling up that office with her 'red dress girl friends', upon taking office. Most of them are sending out resumes.
Dear Misguided Acres of Green: Do you actually think 'conservatives' are the only folks concerned about weed, street or otherwise? You obviously have no knowledge of industrial accidents caused by those who tested positive, post-accident. You obviously have no knowledge of traffic accidents caused by tokers. You obviously don't understand the angst caused by people who drive twelve miles an hour down the interstate. Well, wait...You probably do know about the latter.
"Regardless of outcome, people obtain and smoke pot. It is already here whether conservatives like it or not, and jails are crowded."
Legislature did not pass the Section 273 amendments because it didn't appear necessary
@5:07...you obviously have NEVER smoked weed. You should try it sometime
9:06 - You obviously have NEVER worked hundreds of industrial work comp claims, 18% of which are weed-positive when tested. They'll continue with comp, but fire their asses and move on. You should try coming out of the cubicle sometime. Industrial accidents are real. Severed members are real. Towmotor runovers are real. Electocution is real. Hands stamped by presses are real. Weed at work is real.
Doesn’t get any better when it comes to briefing and arguing than Matheny and Nobile. Plus they r both just nice people. Not sure why it matters if Fitch is hiring females or males. Isn’t it important just to hire good people???? And Matheny and Nobile were there even before Fitch was elected.I hope the supremes grant argument on this one.
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