M.S. v. BROWN

No. 16-35431.

902 F.3d 1076 (2018)

M.S., an individual; V.V., an individual; J.H., an individual; E.D., an individual; M.B., an individual; Familias en Accion, a domestic non-profit corporation; Los Ninos Cuentan, a domestic non-profit corporation, on behalf of themselves and all those similarly situated, Plaintiffs-Appellants, v. Kate BROWN, in her official capacity as Governor of the State of Oregon; Tammy Baney, in her official capacity as Chair of the Oregon Department of Transportation Commission; David Lohman, in his official capacity as member of the Oregon Department of Transportation Commission; Susan Morgan, in her official capacity as member of the Oregon Department of Transportation Commission; Alando Simpson, in his official capacity as member of the Oregon Department of Transportation Commission; Sean O'Halloran, in his official capacity as member of the Oregon Department of Transportation Commission; Matthew L. Garrett, in his official capacity as Director, Oregon Department of Transportation; Tom McClellan, in his official capacity as Administrator of Driver and Motor Vehicles Division, Oregon Department of Transportation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 5, 2018.


Attorney(s) appearing for the Case

David Henretty (argued), Monica Goracke , and Stephen S. Walters , Oregon Law Center, Portland, Oregon, for Plaintiffs-Appellants.

Jona J. Maukonen (argued) and Susan Yorke , Assistant Attorneys General; Benjamin Gutman , Solicitor General; Ellen F. Rosenblum , Attorney General; Office of the Attorney General, Salem, Oregon; for Defendants-Appellees.

Michael M. Hethmon , Senior Counsel; Dale L. Wilcox , Executive Director & General Counsel; Immigration Reform Law Institute, Washington, D.C.; for Amicus Curiae Oregonians for Immigration Reform.

Before: A. Wallace Tashima, M. Margaret McKeown, and Richard A. Paez, Circuit Judges.


OPINION

The Oregon Constitution grants the people of Oregon the power of referendum to approve or reject bills passed by the Oregon Legislature before they become law. In 2014, the people exercised this power by rejecting Senate Bill 833 ("SB 833"), which would have afforded Oregon residents access to driving privileges...

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