Linthicum

Linthicum v. Wagner

Good Law
94 F.4th 887
United States Court of Appeals for the Ninth CircuitFebruary 29, 202423-4292California7,882 words

Opinion

Opinion

I. BACKGROUND

The Oregon Constitution creates a Legislative Assembly consisting of a

Senate and a House of Representatives. Or. Const. art. IV, § 1. The Senate has thirty

members; the House, sixty. Id. art. IV, § 2; see Or. Rev. Stats. § 188.305. The

2 Legislative Assembly is considered part-time because it meets annually, but for a

limited number of days. Subject to certain exceptions, in odd-numbered years the

Legislative Assembly meets for no more than 160 days; in even-numbered years, for

no more than thirty-five days. Or. Const. art. IV, § 10(1). The members of each

house receive a salary for their services “to be established and paid in the same

manner as the salaries of other elected state officers and employees.” Id. art. IV,

§ 29; Or. Rev. Stats. § 171.072(1). The Constitution further provides that “[t]wo

thirds of each house shall constitute a quorum to do business,” although “a smaller

number may meet . . . and compel the attendance of absent members.” Or. Const.

art. IV, § 12. If a house, with a quorum present, fails to organize within the first five

days, “the members of the house so failing shall be entitled to no compensation . . .

until an…

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