Latest 2 Cases: Ahmasuk v. Division of Banking and Securities (Civil Procedure), Alaska Office of Lieutenant Governor, Division of Elections v. ...

One More for the Road: Why Congress Must Impeach Donald Trump (Again)

DEAN FALVY

Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, makes the case for impeaching Donald Trump again, after the failed insurrection of January 6. Falvy describes three possible ways to disempower Trump from undermining democracy in our nation and explains why immediate impeachment by the House and removal by the Senate is the most appropriate course of action.

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Ahmasuk v. Division of Banking and Securities

Docket: S-17414

Opinion Date: January 8, 2021

Judge: Daniel E. Winfree

Areas of Law: Civil Procedure, Constitutional Law, Government & Administrative Law, Securities Law

The Alaska Division of Banking and Securities civilly fined Sitnasuak Native Corporation shareholder Austin Ahmasuk for submitting a newspaper opinion letter about Sitnasuak’s shareholder proxy voting procedures without filing that letter with the Division as a shareholder proxy solicitation. Ahmasuk filed an agency appeal, arguing that the Division wrongly interpreted its proxy solicitation regulation to cover his letter and violated his constitutional due process and free speech rights. An administrative law judge upheld the Division’s sanction in an order that became the final agency decision, and the superior court upheld that decision in a subsequent appeal. Ahmasuk raised his same arguments on appeal to the Alaska Supreme Court. After review, the Supreme Court concluded Ahmasuk’s opinion letter was not a proxy solicitation under the Division’s controlling regulations, therefore reversing the superior court’s decision upholding the Division’s civil sanction against Ahmasuk without reaching the constitutional arguments.

Alaska Office of Lieutenant Governor, Division of Elections v. Vote Yes for Alaska's Fair Share

Docket: S-17818

Opinion Date: January 8, 2021

Judge: Daniel E. Winfree

Areas of Law: Constitutional Law, Election Law

Sponsors of an initiative that would revise taxation for a defined set of oil producers filed a superior court complaint seeking declaratory judgment that the lieutenant governor’s initiative ballot summary was not true and impartial. The superior court held that one ballot summary sentence included “partisan suasion” by weighing in on a disputed initiative provision’s meaning, and the court ordered that sentence deleted. The lieutenant governor appealed, arguing that the disputed sentence was fair and impartial, but requesting that, if the Alaska Supreme Court affirmed the superior court’s decision, the Supreme Court allow the lieutenant governor to insert a proposed replacement sentence. After expedited briefing and oral arguments, the Supreme Court issued a brief order affirming the court’s ruling and judgment but allowing, at the lieutenant governor’s discretion, the portion of the proposed replacement sentence to which the sponsors had no objection. The Supreme Court stated that “[a]n opinion explaining the reasoning for this order will follow at a later date.” This opinion set forth the reasons for the earlier order.