FOOTE v. STATE

(CC 17CV49853) (SC S065883).

437 P.3d 221 (2019)

364 Or. 558

John S. FOOTE, Mary Elledge, and Deborah Mapes-Stice, Plaintiffs-Respondents, v. STATE of Oregon, Defendant-Appellant.

Supreme Court of Oregon.

March 28, 2019.


Attorney(s) appearing for the Case

Benjamin Gutman , Solicitor General, Salem, argued the cause and filed the briefs for appellant. Also on the briefs was Ellen F. Rosenblum , Attorney General.

Thomas M. Christ , Sussman Shank LLP, Portland, argued the cause and filed the brief for respondents.

Margaret S. Olney , Portland, filed the brief on behalf of amici curiae Partnership of Safety and Justice, Oregon Students Association, Latino Network, Ecumenical Minis-tries of Oregon, YWCA of Greater Portland, Urban League, Pathfinders of Oregon and Red Lodge Transition Services.

Gregory A. Chaimov , Davis Wright Tremaine LLP, Portland, filed the brief on behalf of amici curiae American Civil Liberties Union of Oregon Foundation, Inc., and Oregon Justice Resource Center.

Before Walters, Chief Justice, and Balmer, Nakamoto, Flynn, Duncan, Nelson, and Garrett, Justices.


The State of Oregon appeals from a circuit court's declaratory judgment invalidating a 2017 sentencing statute on the ground that it was enacted in violation of Article IV, section 33, of the Oregon Constitution. Among other things, the state contends that plaintiffs lacked standing to bring the underlying declaratory judgment action...

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