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June 19, 2009

Judge Tosses California Cities' Recruiting Ban

Two NorCal cities passed "Youth Protection Acts" in November 2008. The laws forbade military recruiters from having contact with anyone under age 18. Yesterday, a federal district court threw out the laws.

U.S. District Judge Saundra Armstrong in Oakland agreed Thursday with the federal government and invalidated the laws, saying they violated the clause of the Constitution that establishes the Constitution, federal statutes and treaties as the supreme law of the land.

Government attorneys argued in written statements that the law is clear: Recruitment for the military clearly falls under the purview of the federal government, which cannot be regulated by state and local governments, they argued.1

The cities are mad they did not get their day in court. The judge ruled on the pleadings after cancelling a hearing last week.

1Yes, yes, that last paragraph-long sentence is a sad illustration of journalistic and editorial talent. "Government attorneys argued [blank], they argued." Yeah, nice job, AP writer. And nice job, WaPo editor.


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posted by Gabriel Malor at 09:49 AM

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