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Washington Democrats Pass Resolution Backing Ballot Initiative To Legalize Marijuana

A group of Washington state activists that includes former U.S. Attorney John McKay are campaigning for ballot initiative 502. The initiative would legalize, tax, and regulate marijuana, allowing its possession by people 21 years old and older.

Over the weekend, the Washington state Democrats’ Central Committee passed a resolution endorsing the initiative. The resolution says the state is “wasting millions of dollars” on resources that “could be directed to more important public safety priorities;” therefore, the party is endorsing the legalization of marijuana as outlined in Initiative 502:

WHEREAS thousands of Washington adults are arrested, prosecuted, and convicted for simple marijuana possession each year, wasting millions of dollars in police, court, and jail resources that could be redirected to more important public safety priorities; [...] THEREFORE BE IT RESOLVED that we, the Washington State Democratic Central Committee, endorse and stand in support of Initiative Measure No. 502 to legalize, tax, and regulate marijuana for adults 21 and over.

Earlier this year, the Washington State House of Representatives Office Of Program Research estimated that the state would save $240 million every year from marijuana legalization, both from savings to law enforcement agencies and new revenues generated by taxes.

Alaska Judge Strikes Down State Tax Law That Discriminates Against Gay Couples

Alaska law permits older married couples to take a property tax deduction that is as much as twice as generous to married couples as it is to unmarried couples who own their home together. Because gay couples are unable to marry in Alaska, this means that people in committed gay relationships are excluded from the favorable tax treatment enjoyed by straight married couples.

Yesterday, however, a trial judge in Anchorage, Alaska struck down this law for violating the Alaska Constitution’s guarantee of that “all persons are equal and entitled to equal rights, opportunities, and protection under the law”:

The court finds that the legislation fails to pass even the minimal scrutiny that economic burdens trigger. [...] If the policy underlying the Tax Exemption’s additional benefit to married couples is the recognition that people in long term, committed relationships build their lives together, then there is no reason to distinguish between married couples and couples who would make the marital commitment but for their sexual orientation.

If this decision is upheld on appeal — and there is good reason to believe that it will be — it could have sweeping implications for gay rights in Alaska. Because the court concluded that one anti-gay law does not survive the lowest level of constitutional scrutiny under the state’s constitution, the court’s rationale provides a powerful precedent suggesting that any law that discriminates against gay couples cannot survive scrutiny.

That is, of course, except for one. Alaska’s constitution expressly forbids marriage equality — although it does not forbid gay couples from enjoying the package of legal rights normally associated with marriage. Nevertheless, there is nothing in Alaska law that prevents the state courts from recognizing the right of gay couples to join together in civil unions.

NEWS FLASH

Missouri School Ends Ban On ‘Slaughterhouse-Five’…Sort Of | This Summer, the Republic School Board in Missouri decided to ban Kurt Vonnegut’s Slaughterhouse-Five and Sarah Ockler’s Twenty Boy Summer after a resident complained these novels “teach principles contrary to the Bible.” After enduring serious blowback, the school board unanimously voted to overturn the ban yesterday. Technically. The two books will now be available “for independent reading as long as they are kept in a secure section of the school library. Only parents or guardians can check them out.” The teachers “still cannot make the books required reading nor read them aloud.”

Economy

Perry Will Reportedly Make Radical Debt Plan ‘The Centerpiece Of His Platform’

During the debate over whether or not to raise the nation’s debt ceiling, many Republicans pushed for adoption of the radical “cut, cap, and balance” plan, which would have led the country into default without the imposition of a federal cap on spending and the adoption of a balanced budget amendment to the Constitution.

The debt ceiling fight has come and gone, but it seems that “cut, cap, and balance” will remain, as Rep. Mick Mulvaney (R-SC) told Politico that GOP presidential hopeful Gov. Rick Perry (R-TX) will make the plan’s provisions “a centerpiece of his platform“:

Freshman Rep. Mick Mulvaney (R-S.C.), who is helping to set up the the Hill meeting for Perry, is serving as an economic adviser to the campaign. He said Perry plans to make House Republicans’ signature Cut, Cap and Balance approach to the budget this year “a centerpiece of his platform.” Mulvaney added that he hopes to help “put some meat on that bone.”

This plan has some significant problems, the first of which is that a balanced budget amendment is economically bone-headed, as it would force the government to cut spending during an economic downturn, making the downturn worse.

Bill Hoagland, a budget adviser to Republican leaders from 1982 to 2007, called the amendment “a political cheap shot,” while Scott Galupo, a former staffer for Boeher, has called the idea “quite simply, insane.” Bruce Bartlett, a former economic adviser for Presidents Ronald Reagan and George H.W. Bush, noted that the amendment is a phony solution to nation’s budget problems that allows Republicans to support a balanced budget while not having to “support anything politically unpopular.”

A cap on spending, meanwhile, bring its own set of problems. “Cut, cap, and balance” stipulates a cap on spending at 18 percent of the economy, a level which the House Republican budget (complete with its elimination of Medicare) doesn’t attain until after 2040.

As the Center for American Progress’ Michael Ettlinger and Michael Linden noted, actually getting spending down to that level would require 25 percent cuts in every government program, including the Pentagon and Social Security (or, alternatively, deeper cuts in other programs for every program that gets exempted). No President in the last 50 years, including conservative icon Reagan, has even proposed a budget with spending so low.

As Bloomberg reported this week, Perry “has so far been the least specific about the policies he’d pursue” amongst the GOP’s primary contenders. If his embrace of “cut, cap, and balance” is any indication of the direction in which he’s going, the specifics are not going to be pretty.

Rep. John Culberson Introduces Bill Enabling State Officials To File Unlimited Frivilous Lawsuits

Understanding the law can be hard, and no one proves that more than Rep. John Culberson (R-TX). During his last foray onto the national stage, Culberson confused a room full of high school students with a Billy Madison-like ramble about how marriage equality is self-evidently wrong. And also is fundamental. And also would require the government to provide “civil rights protection to any other type of private sexual behavior.” And also may or may not have something to do with interstate commerce.

Culberson’s latest foray into the law is no less muddled, but could be far more dangerous than one embarrassing rant. Last week, Culberson introduced the “Tenth Amendment Enforcement Act,” which appears to be nothing more than a license for state lawmakers to harass the federal government with frivolous litigation:

(1) In addition to any other remedy which may exist, in order to protect the State’s sovereign authority to determine for itself the appropriate means to preserve and protect the safety, security, and property of the citizens of the State, the chief executive or a member of the legislature of a State may, in a civil action in that chief executive’s or member’s official capacity, obtain declaratory or injunctive relief–

(A) to remedy any action taken by a Federal authority that attempts to interfere with the State’s sovereign authority…

(2) The plaintiff commencing a civil action under this subsection is immune from civil liability resulting from the plaintiff’s participation in that civil action, including liability for any attorney fees, costs, and sanctions that may be awarded in connection with the civil action.

The first part of this bill authorizes every single member of a state’s legislature to decide on their own when the think the federal government is “attempt[ing] to interfere with the State’s sovereign authority,” and to file a lawsuit dragging federal officials into court. The second provision of the bill contains Culberson’s new license to harass.

Federal civil procedure rules enable a court to sanction parties that file endless streams of frivolous lawsuits, at least when they file those cases on their own instead of through an attorney. Culberson’s bill, however, completely immunizes state lawmakers from any kind of sanctions for bringing lawsuits intended solely to harass the United States into submission. This means that any state lawmaker anywhere in the country could unleash hundreds of Cuccinelli-like witch hunts against the United States — forcing the American taxpayer to foot the bill — and the courts would be powerless to stop the harassment.

Worse, while the federal courts strain under the weight of a growing vacancy crisis, Culberson’s bill would divert precious judicial resources away from people seeking justice — and away from businesses hobbled by the specter of looming litigation — in order to handle the wave of harassment suits. In other words, it’s clear Culberson hasn’t thought this bill through any more than he did his incoherent rant taking at least four different positions on marriage equality.

NEWS FLASH

Georgia Parole Board Denies Clemency For Troy Davis | Despite the pleas of hundreds of thousands of people including Nobel laureates, the Vatican, former President Jimmy Carter, civil rights leader Rep. John Lewis (D-GA), and 50 other members of Congress, the Georgia State Board of Pardon & Paroles denied death row inmate Troy Davis clemency. Davis was sentenced to death for the 1989 murder of an off-duty policemen. However, Davis’ lawyers noted that there is “too much doubt” in the case, pointing to the fact that seven out of nine eye witnesses retracted their original testimony against him. Three jurors who voted to sentence Davis to death have also signed affidavits declaring they now doubt his guilt. He is scheduled to be executed by lethal injection tomorrow at 7 p.m. All of Davis’s legal appeals have been exhausted. His “last-ditch effort” before the parole board was his last chance to be spared.

Justiceline: September 20, 2011

Welcome to Justiceline, ThinkProgress Justice’s morning round-up of the latest legal news and developments. Remember to follow us on Twitter at @TPJustice.

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