Yes on Term Limits v. Savage (YOTL v. Savage) is a federal lawsuit challenging Oklahoma's residency requirements for petition circulators. On December 18, 2008, a three-judge panel of the United States Court of Appeals for the Tenth Circuit issued a unanimous decision in the case, saying that Oklahoma's residency restriction is an unconstitutional violation of core First Amendment speech rights. The decision of the 10th Circuit overturns a lower federal court decision.,
The 10th Circuit's decision in YOTL has attracted notice because:
- It is the third federal circuit court decision in 2008 that invalidates a state residency requirement. The Sixth Circuit said that Michigan's residency requirement is unconstitutional in Bogaert v. Land in August 2008 and the Ninth Circuit said that Arizona's residency requirement is unconstitutional in Nader v. Brewer in July 2008.
- The decision undercuts Drew Edmondson's rationale for criminally prosecuting the Oklahoma 3 for allegedly violating Oklahoma's residency requirement in a 2005 petition drive.,
Oklahoma Attorney General Drew Edmondson has said that he plans to appeal the decision in YOTL to either the full 10th circuit or to the U.S. Supreme Court. His office says that they plan to continue their prosecution of Paul Jacob, Susan Johnson and Rick Carpenter. Earlier in 2008, Edmondson told Oklahoma City's Journal Record, "If the courts determine that the state's process violates the First Amendment, so be it. Until that time, our law will be enforced.",
On January 21, 2009, the Tenth Circuit announced that it was rejecting Edmondson's request that it rehear the case. The state had asked for an en banc rehearing, but no judge wanted to rehear the case.
Drew Edmondson then announced on January 22 that he was dropping his charges against Paul Jacob, Susan Johnson and Rick Carpenter for allegedly violating the unconstitutional law, saying that the 1969 law under which he was prosecuting them was "no longer enforceable".
Read more about Yes On Term Limits V. Savage: Background, Arguments in The Case, Poll Data, See Also, External Links
Famous quotes containing the words term, limits and/or savage:
“... feminism is a political term and it must be recognized as such: it is political in women’s terms. What are these terms? Essentially it means making connections: between personal power and economic power, between domestic oppression and labor exploitation, between plants and chemicals, feelings and theories; it means making connections between our inside worlds and the outside world.”
—Anica Vesel Mander, U.S. author and feminist, and Anne Kent Rush (b. 1945)
“As nature requires whirlwinds and cyclones to release its excessive force in a violent revolt against its own existence, so the spirit requires a demonic human being from time to time whose excessive strength rebels against the community of thought and the monotony of morality ... only by looking at those beyond its limits does humanity come to know its own utmost limits.”
—Stefan Zweig (18811942)
“I was glad to have got out of the towns, where I am wont to feel unspeakably mean and disgraced,—to have left behind me for a season the bar-rooms of Massachusetts, where the full-grown are not weaned from savage and filthy habits,—still sucking a cigar. My spirits rose in proportion to the outward dreariness. The towns needed to be ventilated. The gods would be pleased to see some pure flames from their altars. They are not to be appeased with cigar-smoke.”
—Henry David Thoreau (1817–1862)