I am complimenting Scott Kendall for his detailed commentary in Monday’s Jan. 16 edition of the ADN, “Legislature can still uphold constitution by disqualifying Eastman.”
Kendall’s commentary validated my, and probably many others’, interpretation of Alaska’s constitution that Eastman does indeed violate Section 3 of the 14th Amendment, that his lifetime membership with the Oath Keepers and his membership in this organization is not in violation of his First Amendment rights if he were to be disqualified, as set in precedent in past federal court legal decisions.
Kendall also validated my opinion that Judge Jack McKenna must have been referencing another state or country’s constitution to come to the conclusion and ruling that to be disqualified, Eastman must “somehow specifically state that he desires that the Oath Keepers succeed in their goal.” Really? Would McKenna share where he came up with such an erroneous opinion, please? Or was the good judge’s ruling kicking the can up the road because he knew the Alaska Supreme Court would never overrule the lower court decision? Thus, he passed the buck and sunk our trust in our legal system by self-interpreting our constitution in his own mind rather than what’s written in law.
It appears the court has failed Alaskans. Will legislators tolerate disregard for our state constitution, or will they aid and comfort a member of a seditious organization, opening a door we may never want to be opened? Time for some legislative backbone.
— Patrick Ozment
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