McCuen v. Harris

Steele Hays, Justice,

dissenting. It is regrettable that the Court declines to hear this case on an expedited basis to consider the merits of appellants’ arguments, which the chancellor characterized as “compelling.” Admittedly, it is the eleventh hour, but that is not the fault of the proponents of proposed Amendment 2. It is the appellee who waited until the eve of the election itself to challenge the proposal in court, leading to the issuance of an injunction on November 3, 1994, and effectively eliminating appellate review, to the incalculable loss of the proponents.

Unlike Wilson and Snyder v. Cook (94-1181), where there were neither briefs nor a complete record, nor any assurance the issues could be submitted expeditiously, here we have a complete record and the appellants’ brief is submitted simultaneously with its motion to expedite. There is reason to believe the appellee’s brief could be submitted forthwith.

Moreover, it appears there are differences between this case and Walmsley v. Bailey, (94-981, October 17, 1994), which could affect the result. If the case can be hurried through the trial court as it was, it can be expedited here. I would issue a stay and review the assignment of errors.