The sponsors of two Mississippi ballot initiatives filed a motion to intervene with the Mississippi Supreme Court in City of Madison et al v. Watson as they seek a rehearing in the case. The Court invalidated Initiative #65 after determining the initiative did not meet the constitutional requirements to be placed on the November 2020 ballot. Section 273(3) of the Mississippi Constitution states no more than 20% of the signatures can come from a single congressional district. Unfortunately for medical marijuana supporters, the section was passed when Mississippi had five such districts and was not changed when the number of districts were reduced to four.
Opponents of the decision had fourteen days to ask for a rehearing. Dr. David Allen of Moss Point sponsored Initiative #77 in an effort to legalize the recreational use of marijuana.* MEVI 78** seeks to use the initiative process to implement an early voting period of ten days. Their motions are posted below. The motion to intervene states:
The Court’s decision in this case has voided a fundamental right granted to Mississippi electors who have voted from 1992 to the present as well as to all those electors who will vote into the foreseeable future. Specifically, the decision has unconstitutionally disenfranchised those who voted to approve Section 273 in 1992; it has unconstitutionally disenfranchised the legislators who drafted and approved Section 273 in 1990-1991; it has unconstitutionally disenfranchised those electors who successfully passed every ballot initiate approved since 2001 which are arguably now in jeopardy; it has unconstitutionally disenfranchised the electors who approved Ballot Initiative 65 in 2020. The Secretary of State failed to raise all valid defenses, both legal and factual, that could have led to a different decision being rendered had those arguments been received by this Court. Intervention is especially and urgently warranted because since the decision, the State of Mississippi has failed to show any interest in protecting the rights of its citizens and defending our rights as granted by Section 273. Indeed, the State has today stated it will not request a rehearing...
The motion for reconsideration argues the Court violated the Mississippi Constitution by violating a "key section." The plaintiffs urge the Court to reconsider because the voters are "penalized for the weaknesses and deficiences of the legislature as a whole, whether it be the legislature's alleged error in the drafting of Section 273(3), and/or its inaction due to what appears now in hindsight" to be the legislature's desire to sabotage the initiative & referendum process.
The prospective intervenors posit the Court should defer to the Secretary of State. The motion cites the infamous Barbour pardons where the Court ruled it did not have the power to review the Governor's pardons. They also accuse the Court of legislating from the bench. They ask the Court to go beyond the text of the Constitution and examine the intent of the language.
It is also argued the date of the Court's decision took place after the vote was certified, thus invalidating the votes cast. However, the petition was filed prior to certification. There are numerous examples where the Courts have upheld challenges if they were filed before certification, right, Johnny Dupree and Larita Stokes? Karl Banks fought for over three years in court to regain his Madison County Supervisor seat yet the Courts did not rule his rights were violated by a long court fight.
Attorney Aphrodite McCarthy represents MEVI 78. Dr. Allen represented himself.
Kingfish note: This effort is pretty much a last-gasp at trying to stave off defeat. The Court was pretty adamant in its opinion two weeks ago. The section in question states pretty specific guidelines on placing an initiative on the ballot. This is not similar to the more vague language of the due process or equal protection clauses. It's no different than the Constitution stating an election shall be held on the second day of November. Placing an election on the second Thursday in November would fail under judicial review despite the intent to hold an election. The question was not whether the Court would overturn 61% of the voters but should the initiative have been on the ballot in the first place. The intervention will probably be denied.
* The Secretary of State's website states Initiative #77:
Initiative Measure 77 would decriminalize certain cannabis/hemp possession, use (by adults and minors), and cultivation; authorize studies and a 7% sales tax on cannabis/hemp; authorize cannabis/hemp smoking wherever tobacco smoking is permitted; preempt local regulation; restrict local zoning; require release of non-violent prisoners incarcerated for cannabis-associated offenses and expungement of such convictions; authorize reparations; and override Initiative 65. It would also require creation of certain entities to carry out the provisions of the measure.
** The Secretary of State's website has not yet posted Initiative #78.
30 comments:
A pleading signed by some by name of Aphrodite is dead on arrival. But no matter, any pleading challenging the decision is dead on arrival, even if signed by one J. Christ. The fix was in this case, just as it was in the case of the pardons. The constitutional provision was not vague in the least when one considered the facts at the time it was drafted. It especially was not vague when one considers that the 20% formula only works with five districts. The court had the duty to find a reasonable way to uphold the provision. But instead, it simply ducked that duty and considered the text only. But how odd it is that the court would consider the text only in light of the number of districts now but somehow felt it could not read the text in light of the number of districts when the provision was written. Kingfish, I know that you along with many in the political class are happy with this decision, but please don't attempt to make it seem like an actual legal decision rather than a purely politically driven decision.
No do-overs. The fat lady sang. Move to Kalifornia or Kolorado if you have a "jones" for pot.
We can buy pot in MS. We just don’t want to drive to Jackson to get it. A dispensary in Madison would be much more convenient.
This initiative isn't going to die, you idiots. It will happen. The taxable revenue is tremendous. Hide and watch.
Did 8:13 actually insinuate that 'the text of the law' should take a back seat to the 'will of the people' or 'the whim of the court'? Good Lort! That's what every liberal judge in the country thinks. That's the way Bader Ginsberg lived her judicial life. As if written laws (Like the Constitution and The Bible) are breathing documents, subject to change and off-the-wall opinion based on nothing more than 'times change'.
It matters not that cars are safer and faster now...If the law says the speed limit is 35, that's what the speed limit is until the text of the law is changed.
Are prescribed medications taxed? I’ve never paid attention and just assumed they were not.
4:05, medical marijuana can't fix stupid. In fact, it probably exacerbates it.
If no more than 20% of the signatures can come from each of the 5 congressional districts, it seems mathematically probable that there were enough from the now 4 congressional districts to validate this even after eliminating a district. I am under the impression that the results were basically overwhelming. But, who ever thought those drunken legislators were a brain trust. Let’s go ahead and make Puerto Rica a state so Mississippi will not be ranked at the bottom.
4:05. No. 8:13 simply pointed out the obvious. The text can reasonably be read to mean the five districts at the time of passage. If read that way —which the court has a duty to do- then the will of the people is upheld and the constitution is in tact.
Common lies:
1. This is an accident free used car
2. I won't .... in your ...
3. I love you no shit
4. I'm from the government and I'm here to help
5. Covid-19 came from bats
6. "Medical" marijuana
If there is nothing medical about marijuana, why does the federal government hold a patent on its medical use? U.S. Patent 6,630,507. Sure seems like the federal government thinks it’s got medical uses. I guess Billy Bob from Pearl knows the science better than the scientists who study it though. Only in Mississippi could these idiots actually be dumb enough to believe the propaganda.
10:01. typical 65 supporter who didn’t read it. There was to be no tax on said pot, therefore no revenue for the gubment. Bless it.
503, no. And pot, even when labeled as 'medical is not prescribed.
If it were, it would be sold by a pharmacist in a drug store, not by a acne-scarred yute in a 'dispensary
Labeling it as 'medical does not make it medicine.
@11:18 AM - that's why the Feds maintain pot as a Schedule I drug, which is the most restrictive category, and have the following characteristics as codified in the U.S. Code:
- The drug or other substance has a high potential for abuse.
- The drug or other substance has no currently accepted medical treatment use in the U.S.
- It has a lack of accepted safety for use (even) under medical supervision.
Schedule I drugs include marijuana, LSD, heroin, peyote, ecstasy, quaaludes...
Man, these dope heads are bound and determined to have their way. Aphrodite, now there's a name that demands attention.
@11:42 AM - liar, liar, pants on fire. "Marijuana sales under Initiative 65 would have been taxed at the state's sales tax rate, which was 7% as of 2020. "
@1142- why would the stupid lobbyists advocate for sales tax on medicine?
Because they are dopes
3:07: The 7% sales tax was to be returned to the marijuana industry fully for some type development and industry needs. None and I mean none of the money goes to the state of Mississippi. You are not a liar just full so shite!!
Election officials statewide will be unable to legally enforce voter photo id requirements in the June 8th election since that is as dead as medical marijuana. Voters turned away and losing candidates can fill the dockets for years after June 8.
Has someone challenged the voter I.D. law in court?
Election officials statewide will be unable to legally enforce voter photo id requirements in the June 8th election since that is as dead as medical marijuana.
NOPE.
Your not even close @5:42. Wake up dude! All the money generated from prop 65 was to be used by the Mississippi Health Department to fund the program and manage the production and sales. This was to make sure that the program didn’t cost Mississippi a dime. How many programs in the United States could do honestly do that. The jobs and the taxes collected from employment, property taxes and taxes on transportation and other related taxes would have been tremendous.
Challenging voter ID won't matter as it was codified, sanctified, and verified. Damn. Im a poet and didn't know it.
The mayor challenged the initiative before certification. Once cert happens, challenges become much harder. Not to mention there would be a real debate over Laches that was present in 65. Challenge may still succeed. Just saying it's not a slammer.
7:33. The state of Mississippi general fund, education, roads get none of the 7% sales tax. None. It all goes back to the marijuana industry directly or used to better just the marijuana industry. Name another business, company, or any product that all the sales tax collected goes back to JUST that industry and none to the state? It was horribly written for the state of Mississippi. Now the legislature will hopefully correct this and keep the tax for betterment of our state and not just marijuana growers and their industry. Ever business has related taxes that go back to state and local governments.
7:33 by your logic let’s have the state agriculture commission take all sales tax collected from rice growers, pig farmers, cotton farmers, corn farmers all go back to the ag commission to help as you say “manage the production and sales” of these products and farmers for the betterment of farming. Damn good idea for farmers but state gets nothing. Damn initiative is dead. Get over it.
@9:56 The legislature had the opportunity to produce a medical marijuana bill for several legislative sessions. Instead, they punted on the issue. Not only no vote, but never voted out of committee. Now, everyone is supposed to trust the legislature to get it right. Give me a f**king break!
Damn KF.....you're bona fide!
How is Kingfish bona fide? He's talking out of both sides of his mouth, and I'll quote him...
(1)Challenging voter ID won't matter as it was codified, sanctified, and verified.
(2)Challenge may still succeed. Just saying it's not a slammer.
First he says it won't matter, next he say's it might succeed. Either it won't or it might? Can't be both. Bona fide?
PS: Oral sex was once codified, sanctified and verified as illegal all across the South. Courts have a way of overturning stuff.
" Oral sex was once codified, sanctified and verified as illegal."
That exactly what Tony Soprano would say to his Uncle "Junior" on the golf course.
5:58 - It's also accurate.
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