Legal Corner

Decriminalization Court Case Update
DAVEPHX 2249 reads
posted

On July 26th there was a phone press conference to announce a revamped legal strategy - with ESPLERP Board Members, and lead attorney Louis Sirkin.  
 
Justice Kennedy wrote the majority opinion in Lawrence v Texas, which many legal observers believe affirmed the right to sexual privacy, and was one of the key precedents underpinning our Federal court case. With Justice Kennedy retiring at the end of July, it looks like whoever is appointed as his replacement will swing the Supreme Court significantly against civil rights in general. So they do not see the sense of filing an appeal to a hostile Supreme Court.  
 
So they are pivoting away from the Federal Court approach towards a new approach whereby they are reviewing California state case law with a view to mounting a constitutional challenge against the same bad law (CA 647(b)), but this time through the California court system - starting in California Superior Court.  
 
It has been a wild ride lately.  The Ninth Circuit proved to be a bunch of wimps. In addition laws like Federal SESTA/FOSTA, and proposed laws like CA SB 1204, are inflicting real harm and trauma upon our community. But they are (if anything) even more convinced that decriminalization is a necessary precondition for our civil and human rights.

A more extensive article and legal discussion is at https://avn.com/business/articles/legal/esplerp-attorney-explains-why-federal-prostitution-suit-dropped-789546.html

Supposedly they gave up and are trying to litigate the same issue again in California Superior Court.  

As always, the states must provide a minimum standard of civil liberty provided in the US Constitution but they are free to provide more liberty if they feel it necessary.  For instance, some states are allowing high school students the ability to vote, even though the US Constitution requires only 18 year old plus citizens suffrage.  

Some states provide more rights to trial by jury that what is required in the US Constitution (i.e. greater than 6 months incarceration).  Supposedly they believe that the US Supreme Court lacks justice appeal to hear the case, even though one of the future members is accused of grabbing a high school girl decades ago, and one of them was accused of sexual harassment.  

GaGambler505 reads

If they couldn't win in the ninth, why in the fuck would they take this to the much less friendly Supremes?

 
Do you even read what you write, or are you like a fucking monkey who pounds the keys at random hoping beyond hope that something resembling a cogent thought will magically appear on your screen?

 
The OP is definitely full of himself, and as often wrong as right, but at least his posts usually make some fucking sense, unlike your nonsensical ramblings. PLEASE go back to Phoenix, they are missing their village idiot?

As recent events unfold clearly it proves my original post correct that they should have taken it to the US Supreme Court.  If the alleged predator and/or falsely accused predator is confirmed (very likely) then it would be a great justice for the hobby.  

Clearly his friend has written about a phenomena of unstoppable male passion which of course he subscribes to which would only madate that poon be legalized.  Moreover, the President has admitted to overpaying for poon supposedly $10,000, which would be more economical if the process was legal.  

I look forward to watching the hearings as an Arizona attorney will be the questioner which seems highly irregular, but I am sure she will not be asking the questions we need to know:

-Second Amendment:  Is the scope within the home, without the home, and what restrictions are reasonable.  What due process is required for abridgment thereof?
-Any secrets groups or societies memberships?

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