Tag Archives: marsy’s law

The Bismarck Tribune Was Right to Publish the Name of Officer Who Invoked Marsy’s Law

The Bismarck Tribune Was Right to Publish the Name of Officer Who Invoked Marsy’s Law

Last week I posted about an incident from Bismarck where an officer involved in shooting a member of the public who was allegedly attacking him invoked Marsy’s Law to hide his identity from the public. Marsy’s Law is the supposed “victims rights” amendment to the state constitution passed by voters last year. Among the bad

North Dakota Voters Made a Tragic Mistake When They Approved Marsy’s Law

Last year, after an intense campaign funded exclusively by California billionaire Henry Nicholas, North Dakota voters approved a sprawling amendment to the state constitution called Marsy’s Law. It was billed as a “victim’s rights” bill, but critics (me among them) pointed out that the feel-good legislation would be hugely problematic in practice. “The North Dakota

It’s Not Constitutional to Ban Out of State Money for Initiated Measures

A committee convened by the Legislature to review the initiated measure process met this week, and it seems they’re taking a long and hard look at the amount of money from outside the state which has funded some recent measures. The obvious example is the Marsy’s Law ballot measure, a horrible idea ramrodded through the

The Initiated Measure Process Has Not Served North Dakota Well

Today the Bismarck Tribune editorializes against a push by lawmakers a bill creating a commission tasked with reviewing our state’s initiated measure process (it passed in the state Senate this week), “The initiated measure process has served North Dakota well and the Legislature should tread lightly when considering changing it,” the paper writes. Only, that’s not

It’s Time to Take Marsy’s Law to Court

Last year the voters approved Marsy’s Law, a constitutional amendment which will supposedly make our legal system more just by giving victims and their families rights. Nearly every facet of our state’s legal community – from cops to prosecutors to defense attorneys to judges – opposed the ballot measure arguing that it could create real headaches for

Let’s Face It: Marsy’s Law Is a Mess, and Initiated Measures Are Dumb

Earlier this week I wrote about law enforcement authorities in South Dakota deciding that they can no longer report the locations of crimes because of amendments to their state constitution from Marsy’s Law. That state’s voters cast their ballots for that law the same as North Dakota’s voters. A further complication is that, apparently, the

Marsy’s Law Creating Havoc in South Dakota as Cops Say They’ll Stop Reporting Locations of Crimes

The Marsy’s Law constitutional amendment – which passed here in North Dakota earlier this month by a wide margin – is a terrible, misguided, poorly-thought-out piece of policy. The billionaire who funded the ballot measure promoted it in other states as well, including South Dakota where it also passed. But in that state state provisions

Down With Initiated Measures, Because All American Policymaking Should Be Subject to Checks and Balances

A week ago, in my Sunday newspaper column (here’s the Dickinson Press version), I questioned the wisdom of legislating at the ballot box through the initiated measure process. Today a letter writer to the Fargo Forum takes me to task for my argument. “I was disappointed to read Rob Port’s Marsy’s Law column,” Dennis Ell writes.

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