Hazell v. Brown

I write separately because, despite some areas of agreement, I do not agree fully with the majority opinion. Additionally, according to the majority, the outcome of this case is that Measure 47 now will be “codified and held in abeyance pending an appropriate constitutional amendment or judicial decision that will render it operative.” 352 Or at 470. Of *471those two options, a judicial decision addressing whether the Oregon Constitution precludes enactment of the limitations contained in Measure 47 seems more likely to occur. Because the majority dismisses the Hazell plaintiffs’ claims due to a…