Reply To: California IML challenge dismissed as premature


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.