Albertson's, Inc. v. Hansen

For the following reasons, I dissent. The majority opinion relies on a most novel form of construction, restricting the language of a broad mandatory constitutional interdiction against lotteries to the current statutory definition. The majority proclaims it is the responsibility of this Court to determine the elements of a “lottery” as that term is set forth in the constitution, and then abdicates the responsibility and abandons precedent to restrict the term “any valuable consideration” to further conditions as set forth in the statute.

In my view, it is not wise to toy with a term so vital…