“The family’s lawsuit also does not dispute that a governor has broad constitutional powers to pardon criminals, commute sentences or grant clemency for whatever reasons he chooses.”
The power of an executive to grant pardons is absolute.
If you start limiting it according to political whim or because someone doesn’t agree with it, the power to pardon will be gone.
Yeah, sounds like the court should chuck out the case.
Actually, Texas did back the gubernatorial pardon out of their constitution due to some notoriously lenient gubernatorial pardons during the Bonnie and Clyde era (but that’s different from a court presuming to force it out). Now it has to get the nod from a committee.
I guess you didn't read the full story.
In 2008 CA passed Prop 9 which "requires that victims receive notice and have a chance to be heard before sentences are reduced, that their safety be considered in any such decisions, and that victims can expect to have criminals punished by the sentence imposed by the court."
Arnold did not comply and admits it. That's the basis of the lawsuit.
Cynics will note DA Dumanis (R) has also announced she is running for Mayor of San Diego in 2012.