They do not have to be concerned with compromise or anyone s opinions but their own. An initiative is not a public opinion poll. An initiative is a law or constitutional amendment that goes into the books just as if it had been passed by the Legislature itself. As with laws passed by the Legislature, the courts not the authors decide what initiatives mean. Courts do not pay attention to what sponsors say they intended.
Courts first pay attention to the plain language of the text.
And the plain language of Measure 91 is clear. The repeal of the cap on the federal deduction applies retroactively to the present budget period the 2000 tax year. The Oregon Legislature budgets in two-year increments. Sizemore dismisses that as a 10 percent belt-tightening. But there is a trick there is always a trick in the fine print of Sizemore s initiatives.