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McLAUGHLIN v. BENNETT

No. CV-10-0205-AP/EL.

238 P.3d 619 (2010)

James McLAUGHLIN; United Food & Commercial Workers Local 99, Plaintiffs/Appellees, v. Ken BENNETT, in his official capacity as Secretary of State for the State of Arizona; Legislature of the State of Arizona; Board of Supervisors of Maricopa County, in its official capacity and on behalf of all counties in the State, Defendants/Appellants, and S.O.S. Ballot—In Support of SCR 1026 Committee (ID 201000023); and Arizona Chamber of Commerce & Industry, Defendants-Intervenors.

Supreme Court of Arizona, En Banc.

September 2, 2010.

Attorney(s) appearing for the Case

Davis, Cowell & Bowe, LLP by Andrew J. Kahn , Elizabeth A. Lawrence , San Francisco, CA, and Snow & Carpio, P.L.C. by X. Alex Carpio , Phoenix, Attorneys for James McLaughlin and United Food & Drug Commercial Workers Local 99 AFL-CIO.

Terry Goddard , Arizona Attorney General by Barbara A. Bailey , Assistant Attorney General, Carrie Jane Brennan , Assistant Attorney General, Phoenix, Attorneys for Ken Bennett.

Arizona State Legislature by Gregrey G. Jernigan by Peter A. Gentala , Phoenix, Attorneys for Arizona State Legislature.

Scharf-Norton Center for Constitutional Litigation at the Goldwater Institute by Clint Bolick , Gustavo E. Schneider , Carrie Ann Sitren , Phoenix, Attorneys for S.O.S. Ballot and Arizona Chamber of Commerce and Industry.

OPINION

PELANDER, Justice.

¶ 1 The question presented is whether Proposition 108, a constitutional amendment referred to the people by the legislature, complies with the separate amendment rule of Article 21, Section 1 of the Arizona Constitution. The superior court concluded that Proposition 108 violates that rule. On August 3, 2010, we entered an order affirming the court's judgment. This opinion explains our reasoning.

FACTUAL AND PROCEDURAL...

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