because in the Federal Case, a whackadoodle Federal Judge already ruled that is was constitutional under the US Constitution. That's a separate appeal that i believe is still in the works The Harney County case was bought through the State courts and argued under the State Constitution since the Federal one had already been ruled on.Maybe I am just lost...but why would they argue it is against the "state's" constitution and not argue that it is against the U.S. Constitution?