One definition of insanity is doing the same thing over and over and expecting to get a different result. Well apparently here we go again.
Phoenix New Times: “Brahm Resnik of Channel 12 News (KPNX-TV) just tweeted that Governor Jan Brewer ‘indicates she will refile lawsuit to block medical marijuana law.’ . . . If Brewer does plan to refile the suit, perhaps she’ll finally take the position that she’s avoided taking since May — that she believes the medical-pot law is illegal and should be struck down. Of course, taking such a stance would only sink her finger deeper into the eye of voters . . . . Brewer and Horne, die-hard opponents of medical marijuana that they are, may have other tricks up their sleeve. They probably figure there’s more than one way to skin the voters.”
You would think that the Gov and her mouth piece would be embarrassed about their recent humiliation in federal court and stop trying to invent a lawsuit they can use as the basis for not enforcing and implementing Arizona’s medical marijuana laws that were approved by the Arizona voters when they passed Proposition 203 in November of 2010. Tom Horne is the top attorney for the State of Arizona. He has a large highly paid staff of attorneys who work for him and they have years of legal experience. Together Mr. Horne and his crackerjack staff researched the law and used all of their considerable legal brain power to draft the complaint and sue the U.S. because – this is where it gets murky – something the federal government has never done (i.e., prosecute state employees who implement medical marijuana laws in states that approved the use of medical marijuana) might happen maybe if perhaps possibly who knows when some time in the future. They didn’t even take a side for or against the lawsuit they filed.
Governor Brewer and Attorney General Horne took their best shot and the federal judge thumbed her nose at them and threw the lawsuit out at the first opportunity in response to a motion to dismiss filed by the ACLU. For non-lawyers a motion to dismiss is where a defendant in a lawsuit says to the judge even if EVERYTHING THE PLAINTIFF SAYS IS TRUE THE PLAINTIFF DOES NOT HAVE A CASE!!! Judge Bolton threw out the lawsuit because she said the State did not have a basis to file the lawsuit. Why didn’t the Attorney General and his attorneys know they were filing a lawsuit that should never have been filed? Perhaps some heads should roll in the AG’s office because if your job is to sue on behalf of Arizona and you are not smart enough to recognize a bogus lawsuit when you see one something is terribly wrong.
Consider the significance of losing the motion to dismiss. Judge Bolton in effect gave Attorney General Horne an F in filing lawsuits. Rather than being embarrassed by their incompetence and apologizing for wasting the State’s time and money and that of the defendants, the co-conspirators in not enforcing Arizona medical marijuana laws (Governor Brewer and Attorney General Horne) apparently will regroup and dream up another reason to not enforce Arizona law. Maybe their goal now is to show the people of Arizona they are not incompetent.