Was Jason Marisam fired from the Minnesota Attorney General’s Office because he violated a host of Professional Responsibility rules? Was Marisam fired because he helped further a fringe constitutional theory? Is democracy even safe when Marisam claims he wants to “deconstruct … independent state legislatures”? Is democracy safe when Marisam claims that state legislatures are “dangerous”? Was Marisam carrying on these “dangerous” conversations at the University Club or Bread and Chocolate?
At the Attorney General’s Office, Marisam was known for advancing a radical theory that allows state courts to gag critics with little constitutional oversight by federal courts. The central legal theory underpinning these efforts pushes for an expanded understanding of absolute immunity which allows state courts to effectively issue prior restraint to erode First Amendment protections. This constitutional definition of absolute immunity prevents federal courts from intervening in most state court matters.
Now Marisam is pushing for even more radical theories to expand state court power in unprecedented ways. At William Mitchell, as a newly minted Associate Professor, Marisam claims that independent state legislatures are “dangerous” and must be “deconstruct[ed]”. In place, Marisam argues that state courts should be the final decision maker without having a “dangerous” and “independent state legislature” in its way. In other words, Marisam claims that rigged and unelected partisan judicial review should be used in place of duly elected state legislative bodies.
In his argument, Marisam appears to target voting rights. Does Marisam want to use this fringe theory to rig elections? Giving unelected judicial officers absolute immunity to rig elections to bypass other branches of government?
Given Marisam’s partisan history, does he intend to exclusively give voting rights to democrats? If you’re a non-DFL member, would Marisam allow you to vote?
Say “NO” to Marisam and his obstruction into your individual rights.