Reply To: California IML challenge dismissed as premature

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Robin
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It’s not hopeless. Challenging? Daunting? Difficult? Yes on all accounts. While the outcome on the IML challenge is disappointing, it is not entirely unexpected. Ripeness is a significant obstacle to litigation. Pressing forward before there is ample development of the facts or before a cause of action has fully matured makes for good theater, but it is not the wisest course of action. Judge Hamilton may have actually done us all a favor here. She did not dismiss the suit with prejudice. She simply stated, in legal jargon, that the time has not yet arrived for a full and thorough disputation of the case and controversy. Prosecuting a civil action prematurely is a waste of precious capital . . . capital our movement has very little of and must use in accordance with the most frugal and shrewd of intentions.