Two Constitutional Law Decisions by the Oregon Supreme Court

The Oregon Supreme Court issued two opinions today in which it addressed state constitutional issues:

1. Kerr v. Bradbury, in which the court declined to review a full text challenge pursuant to Article IV, section 1(2)(d) of the Oregon Constitution to the Secretary of State's decision to certify an initiative petition.  The court concluded that the dispute became moot when the measure failed to qualify for the ballot, concluding that neither the Court of Appeals' award of attorney fees nor the practical effect that the Court of Appeals' decision would have on the Secretary of State's responsibilities salvaged justiciability.  The court nonetheless concluded that it was not appropriate to vacate the Court of Appeals' decision.  This looks to me like a retreat from the ruling in State v. Snyder, which held that an appeal from a Court of Appeals' decision was justiciable when resolution of the appeal would have a practical effect on the state's future obligations.
2. Outdoor Media Dimensions v. DMV, in which the court upheld many provisions of the billboard regulations imposed by the Oregon Motorist Information Act against Article I, section 8, challenges, but concluded that "the OMIA unconstitutionally restricts the "subject" of expression in violation of Article I, section 8, by requiring a permit for a sign whose message does not relate to the premises on which the sign is located while providing an exemption for a sign whose message does relate to the premises on which the sign is located."