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Judge Tosses Laws Restricting Recruiters

Publication Date: 
June 18, 2009
Source: 
San Francisco Chronicle
Author: 
Matthew B. Stannard,

Senior Lecturer in Law Allen S. Weiner is quoted in the San Francisco Chronicle in an article about U.S. District Judge Saundra Brown Armstrong's ruling that laws on military recruiting passed in the Northern California cities Arcata and Eureka in were unconstitutional:

The finding was not unexpected by proponents of the laws, which passed with 73 percent of the vote in Arcata and 57 percent in Eureka. The federal government quickly sued to overturn the laws, which have been stayed ever since.

But Dave Meserve, the former Arcata councilman behind the laws, said he was disappointed that the judge ruled without hearing arguments on the case. Armstrong ruled on filed pleadings after a hearing scheduled this month was canceled.

...

"The judge said that the question of military recruitment is a subject which must be regulated by the federal government and may not be regulated by states and localities," said Stanford Law School Senior Lecturer Allen Weiner, who read the opinion but did not take part in the case.