I don't see how Smiegel's bill would undercut any of the cases in the Federal courts - after all, wasn't Masciandaro addressing a question already rectified by legislation?
Or would the difference be that since Woollard wasn't thrown in jail, he was just denied an administrative process (or at least that's their argument), he doesn't have legs to stand on once he does get a permit; whereas somebody who served jailtime is still owed something to make things right?
Sort of.
Wollard is sueing for his permit. His permit thus becomes the relief he seeks from the court. He's not sueing for money or anything.
If this bill were to pass; the MSP could approve his permit, thus he gets the relief he seeks.
But since the bill is subjective about how the MSP may deny permits, they could approve his permit, then go back to denying.
So we would then have to go back to the beginning and resue.