Initiative Proponents Sue City of Salem, West Virginia, for Removing Initiative to Decriminalize Marijuana Inside City

On April 10, the proponents of a city initiative to decriminalize marijuana inside the city of Salem, West Virginia, filed a federal lawsuit against the city. Even though the initiative had enough valid signatures, the city removed it because city officials felt if the initiative passed, it would not be a valid law because marijuana possession is illegal in West Virginia. The case is Hyman v City of Salem, n.d., 1:19cv-75.

West Virginia does not have the statewide initiative process, but some cities have city initiatives. The Salem initiative requirement is very difficult. It took the signatures of 10% of the registered voters, but the petition was checked and it does have enough valid signatures. The lawsuit was filed only two days after the city rejected the initiative. The election is June 4, 2019, so this case will move rapidly. It is assigned to U.S. District Court Judge Thomas Kleeh, a Trump appointee.

Third Circuit Again Strikes Down Delaware Law Requiring State Judges to be Members of the Two Largest Parties

On April 10, the same three judges who had issued an opinion in Adams v Delaware Governor, 18-1045, in February 2019, slightly rewrote their opinion. This is the case filed by a Delaware attorney who is an independent voter. He challenged a Delaware constitutional provision requiring state judges to be members of one of the two largest parties. The law also provides for a partisan balance, between those two parties, for judicial appointments.

The state had asked for rehearing shortly after the original decision came out. On April 10 the three judges granted the rehearing request, but then came to the same conclusion as in their first opinion. The state had also asked for rehearing en banc (in other words, that all the full-time judges of the Third Circuit rehear the case), and that request is still pending.

Here is the new opinion, which is 44 pages including the concurrence.

Here is the original opinion from February, which is 39 pages.