Legal Opinion

Harisay v. Atkins

Court of Appeals of Oregon

Decided December 19, 2018No. A158925PublishedCited by 4 opinions

1Opinion of the CourtGarrett, J.

*444*494Plaintiffs brought this action seeking to enjoin defendant, then the Secretary of State, to certify Initiative Petition 2016-005 (IP 5) for the 2016 general election ballot. The proposed initiative, if passed, purports to be an "application" to Congress to call a constitutional convention pursuant to Article V of the United States Constitution.1 The secretary refused to certify IP 5 on the ground that it was not a permissible use of the initiative power. Plaintiffs brought claims against the secretary under the state and federal constitutions, and the trial court granted the secretary's…

2Cases cited24 opinions

  1. Citizens United v. Federal Election CommissionSupreme Court of the United States · 2010
  2. Hawke v. Smith (No. 1)Supreme Court of the United States · 1920
  3. Stranahan v. Fred Meyer, Inc.Oregon Supreme Court · 2000
  4. Couey v. AtkinsOregon Supreme Court · 2015
  5. Ecumenical Ministries v. Oregon State Lottery CommissionOregon Supreme Court · 1994

19 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. State v. FarnhamCourt of Appeals of Oregon · 2025
  2. Harisay v. ClarnoOregon Supreme Court · 2020
  3. Bowers v. BetschartCourt of Appeals of Oregon · 2021
  4. Gutierrez v. Board of ParoleCourt of Appeals of Oregon · 2022

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