- Category: Solesky v. Tracey
- Published on Sunday, 26 August 2012 17:40
- Written by Fred M. KRay
Maryland Attorney General Opinion
Governor Has No Power To Stay
Solesky v. Tracey
Motion for Reconsideration Stays Effect
In an opinion dated July 10, 2012, the Maryland Attorney General announced that "It is my view that no action of the Executive or Legislative Branch short of enactment of legislation can change the effect of this decision." The full opinion letter can be read here.
There had been some question of whether lobbying the Governor for some kind of executive order would delay the Solesky decision. The AG opinion seems to put that question to rest. However, the consensus in Maryland seemed to be that the Governor would not touch this issue with the proverbial ten foot pole.
The letter was written before the Motion for Reconsideration was granted and an opinion issued. The AG stated that is was her opinion that a Motion for Reconsideration would stay the effect of the decision. Now that the Motion for Reconsideration has been granted, the question is whether it is immediately in effect. The lawyer defending the case told me that it would not be effective until the mandate issues, which is usually thirty days. However, I was also told, that a mandate issued the day the reconsideration opinion was issued. I will follow up on this on Monday and report what I find.
I spoke to an aide from Heather Mizeur's office (my delegate), and she seemed to think that an executive order IS a possibility, especially if only temporarily halts the mandate.
I have a petition going, and I don't think it would hurt anything to sign it and let the governor know how the majority of Marylanders feel about this issue. Maybe that 10-foot pole will get a lot smaller if he knows how many people are upset about this.
Please sign, even if it is a long shot. These judges threw Maryland dog owners under the bus, and at the very least this petition lets the governor's office know that we won't take this sitting down.