In reading ROBERTS V. COLORADO (2000), I noted that Robert's lost his "Right To Travel" case in trial Court so he appealed it. He lost in the Appellant Court as well.
The Appellant Court only used two case citations to affirm the trial Courts decision. The first of these I cannot locate.
[The plaintiff's contention that the State of Colorado may not require him to have a driver's license is devoid of merit. There is no fundamental right to drive a motor vehicle. See Miller v. Reed, 176 F.3d 1202, 1205-06 (9th Cir. 1999)]
The second case citation used is :
[Requiring a driver's license is a reasonable and necessary regulation which does not offend due process. See Reitz v. Mealey, 314 U.S. 33, 35 (1941) ("The use of the public highways by motor vehicles, with the consequent dangers, renders the reasonableness and necessity of regulation apparent. The universal practice is to register ownership of automobiles and to license their drivers."), overruled in part on other grounds by Perez v. Campbell, 402 U.S. 637, 652-54 (1971). ]
Reitz v. Mealey:
http://caselaw.lp.findlaw.com/cgi-bi... 314&invol=33
Quote:
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First. The statute, leaving out of consideration the amendments, is not obnoxious to the due process clause of the 14th Amendment. The use of the public highways by motor vehicles, with its consequent dangers, renders the reasonableness and necessity of regulation apparent. The universal practice is to register ownership of automobiles and to license their drivers. Any appropriate means adopted by the states to insure competence and care on the part of its licensees and to protect others using the highway is consonant with due process. Some states require insurance or its equivalent as a condition of the issue of a license. New York chose to obtain the same end by providing for the revocation or suspension of a license if the holder is adjudged guilty of negligent driving.
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1. I would like to read the Miller v. Reed, 176 F.3d 1202, 1205-06 (9th Cir. 1999) that was cited.
2. [Side Note]Robert's did not argue the definitions of "Driver" or "Motor Vehicle".
3. Is this all the Courts can throw at us?
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