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Decriminalization Court Case Update
08-03-2018, 02:41 AM
Post: #1
Decriminalization Court Case Update
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

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