By Ars Technic staffOctober 10, 2018 9:55:20A federal appeals court has struck down Oregon’s judicial system, finding that it violates the Constitution’s guarantee of due process.
The 9th Circuit Court of Appeals in Portland on Friday upheld a decision by Oregon’s highest court that the state’s legislative branch is not a part of the federal judiciary and has no authority over federal court cases.
The case involved a lawsuit brought by Oregonians who say their civil rights are being violated by a judicial system that has failed to protect them from racial bias.
The court said the state Supreme Court’s ruling on the case is without merit.
The justices wrote that the legislature does not have the authority to pass laws to implement policies or actions that violate the rights of Oregonians.
Oregon’s supreme court has had the ability to address a range of issues, but that is not what the 9th circuit found, the Oregonian reported.
In the Oregon case, the court cited a U.N. human rights report that said the system in Oregon discriminated against African Americans.
That report found that the Oregon Supreme Court had used racial bias as a justification for the state Legislature to reject racial-discrimination laws.
“In enacting the Racial Bias and Inequalities Ordinance, the legislature, the Legislature’s Chief Clerk, the Governor, and the Attorney General, and in enacting and implementing this Ordinance,” the court said, “all have acted with intent to discriminate against African American citizens and other persons of color.”
The appeals court also said the Oregon legislature failed to ensure the state legislature complied with the Supreme Court order.
The court noted that the legislative branch did not have a mechanism for reporting or reviewing legislation and that it failed to respond to requests from the public to audit the Legislature.
The appeals judge noted that while the Oregon Legislature enacted legislation that specifically targeted racial discrimination, the legislative body did not comply with the U.W.H. report’s recommendations, the Portland Press Herald reported.
The Oregon Judicial Inquiry Commission, which is responsible for overseeing the state judicial system in accordance with federal law, has also criticized the court’s ruling, calling it a “gross violation” of state and federal constitutional rights.
The commission has said the judicial system has been riddled with problems and that the commission has received more than 1,300 complaints about bias.
“The Court’s opinion today is simply wrong,” said Justice Mark DeSantis in a statement.
“The Oregon judicial inquiry commission, which was established to examine complaints about judicial misconduct and abuse, is well aware of the problem and its concerns regarding the integrity of the judiciary.
The Commission has received numerous complaints about racial bias and discrimination in the state courts, and has repeatedly received reports that judicial misconduct is widespread.”
The court did not provide any further explanation for its ruling.