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Yes on Term Limits v. Savage (YOTL v. Savage) is a federal lawsuit challenging Oklahoma's residency requirements for petition circulators. On December 18, 2008, a three-judge panel of the United States Court of Appeals for the Tenth Circuit issued a unanimous decision in the case, saying that Oklahoma's residency restriction is an unconstitutional violation of core First Amendment speech rights. The decision of the Tenth Circuit overturns a lower federal court decision.,〔(Text of the 10th Circuit's decision in "Yes on Term Limits v. Savage" )〕〔(''Edmond Sun'', "Court reverses initiative petition ruling'', December 18, 2008 )〕 The Tenth Circuit's decision in ''YOTL'' has attracted notice because: * It is the third federal circuit court decision in 2008 that invalidates a state residency requirement. The Sixth Circuit said that Michigan's residency requirement is unconstitutional in ''Bogaert v. Land'' in August 2008 and the Ninth Circuit said that Arizona's residency requirement is unconstitutional in ''Nader v. Brewer'' in July 2008. * The decision undercuts Drew Edmondson's rationale for criminally prosecuting the Oklahoma 3 for allegedly violating Oklahoma's residency requirement in a 2005 petition drive.,〔("Statement of Paul Jacob in response to the 10th Circuit Court ruling against the Oklahoma residency requirement" )〕〔(''Wall Street Journal'', "Still Oklahoma's Most Wanted", December 26, 2008 )〕 Oklahoma Attorney General Drew Edmondson has said that he plans to appeal the decision in YOTL to either the full Tenth circuit or to the U.S. Supreme Court. His office says that they plan to continue their prosecution of Paul Jacob, Susan Johnson and Rick Carpenter. Earlier in 2008, Edmondson told Oklahoma City's Journal Record, "If the courts determine that the state's process violates the First Amendment, so be it. Until that time, our law will be enforced.",〔〔(''Journal Record'', "State to Appeal Unconstitutionality Ruling", December 22, 2008 )〕 On January 21, 2009, the Tenth Circuit announced that it was rejecting Edmondson's request that it rehear the case. The state had asked for an en banc rehearing, but no judge wanted to rehear the case.〔(''Ballot Access News'', "10th Circuit Refuses to Rehear Case on Out-of-State Circulators", January 21, 2009 )〕 Drew Edmondson then announced on January 22 that he was dropping his charges against Paul Jacob, Susan Johnson and Rick Carpenter for allegedly violating the unconstitutional law, saying that the 1969 law under which he was prosecuting them was "no longer enforceable".〔(''Associated Press'', "State won't appeal initiative petition ruling", January 22, 2009 )〕 ==Background== YOTL was filed in August 2007 in the United States District Court for the Western District of Oklahoma by Oklahoma Yes on Term Limits against Susan Savage, the Oklahoma Secretary of State. The plaintiffs alleged that the part of Oklahoma's I&R law requiring that petition circulators be residents of Oklahoma was an unconstitutional infringement of the first amendment rights of the initiative proponents and of initiative circulators. The group said that its ability to qualify an initiative petition to put a term limits amendment on the Oklahoma ballot was unconstitutionally restricted by the state's rules governing petition circulators. Judge Tim Leonard of the Western District disagreed, ruling against the plaintiffs on September 7, 2007.,〔(Federal Judge Upholds Oklahoma Ban on Out-of-State Circulators )〕〔(''Senior Judge Tim Leonard'' )〕 An appeal to the ruling has been filed with the United States Court of Appeals for the Tenth Circuit.〔(Okla. AG Seeks to Lock-Up Nat'l. Term Limits Leader Indictment Blasted as "100% Motivated" )〕 Yes on Term Limits, represented by Todd Graves on behalf of the Center for Competitive Politics, filed its final appeal brief on January 7, 2008.〔(''Brief on Appeal'' ) filed by Yes on Terms Limits, January 7, 2008〕 Drew Edmondson filed his response brief on February 11,〔(''Brief of appellees'' ) filed by Drew Edmondson on February 11, 2008〕 and Yes on Term Limits subsequently filed its final reply brief on February 28.〔(''Yes on Term Limits final reply brief'' ), filed February 28, 2008〕 Two ''amicus'' briefs were filed in the case, both supporting the views of "Yes on Term Limits". The Institute for Justice filed one,〔(''Amicus brief'' ) filed by the Institute for Justice〕 as did the American Civil Rights Coalition.〔(''Amicus brief'' ) filed by the American Civil Rights Coalition〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Yes on Term Limits v. Savage」の詳細全文を読む スポンサード リンク
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