Eyman v. Wyman

YU, J. (concurring)

¶ 65 I concur in the lead opinion by Justice Gordon McCloud and write solely to express my unease at the end result of this court's split decision. A lawful initiative from the people was presented to the legislature. It was adopted and enacted by the legislature without amendment. No referendum was filed. There is no basis for this court to retract it.

¶ 66 Justice Madsen's solution to the dilemma created by the legislature is to send Initiative 940 (I-940) back to the people for another vote, but on what authority? Without doubt, the legislature's effort to amend 1-940 is…