“What a sad marker of the times,' said one state Supreme Court justice.
State Supreme Court Chief Justice Bridget Mary McCormack said the initiative’s challengers had failed to produce anyone who was actually confused by the ballot’s wording, as the challengers claimed. Not allowing the initiative to be voted on would “disenfranchise millions” in the state, she said, ending her concurring opinion like a disappointed teacher: “What a sad marker of the times.”A second justice concurred.
The decision brought some spicy takes to the bench. Using the most lawyer move ever, Bernstein called out his dissenting colleague Justice Brian K. Zahra, who was sympathetic to the challengers’ arguments about spacing and font size on the ballot. “Justice Zahra noted that, as a wordsmith, he finds it ‘an unremarkable proposition that spaces between words matter.
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