AMERICAN CIVIL LIBERTIES UNION v. LOMAX

No. 04-17033.

471 F.3d 1010 (2006)

AMERICAN CIVIL LIBERTIES UNION OF NEVADA; Sharon Brune; Carrie Renee Chamberlain; Katherine Chamberlain; Committee to Regulate and Control Marijuana; Danielle Halderman; Jennifer Knight; Marijuana Policy Project; Guitana Lee Matracia; Daniel Wisnosky, Plaintiffs-Appellees, v. Larry LOMAX, Defendant, and Dean Heller, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 8, 2006.


Attorney(s) appearing for the Case

Brian Sandoval, Attorney General, and Victoria Thimmesch Oldenburg, Senior Deputy Attorney General, Carson City, NV, for the defendant-appellant.

Allen Lichtenstein, ACLU of Nevada, Las Vegas, NV, for the plaintiffs-appellees.

Matthew D. Brinckerhoff and Sarah Netburn, Emery Celli Brinckerhoff & Abady, LLP, New York, NY, for the plaintiffs-appellees.

Before: HUG, KLEINFELD, and PAEZ, Circuit Judges.


PAEZ, Circuit Judge:

The citizens of Nevada reserved to themselves the power to legislate by initiative. NEV. Const. art. 19, § 2(1). By way of the state's petition process, Nevada citizens may place qualified initiatives, which propose to create or amend statutes, or amend the constitution, on a statewide general election ballot. Id. If a constitutional initiative obtains voter approval in two consecutive general elections, the initiative is adopted,...

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