Prop 187 was, in part, a deliberate attempt to force a rehearing of Plyler v. Doe. Appellate courts are loathe to overturn Supreme Court rulings. Any decision on Plyler was only going to be resolved in the Supreme Court. The authors of the initiative should have known this.
There was no severability clause in Proposition 187. Without a severability clause, all that the opponents needed to do was get ONE very small piece of the initiative overturned, and the entire thing went with it. And it was 99% certain that some parts of the initiative were going to get shot down. The guys who wrote the initiative didn't think ahead, and the thing died right there.
Yeah, it was badly written. The opponents used that to get the whole thing thrown out. Tough s**t.
There was no severability clause in Proposition 187. Without a severability clause, all that the opponents needed to do was get ONE very small piece of the initiative overturned, and the entire thing went with it. And it was 99% certain that some parts of the initiative were going to get shot down. The guys who wrote the initiative didn't think ahead, and the thing died right there.
Yeah, it was badly written. The opponents used that to get the whole thing thrown out. Tough s**t.
That isn't quite what happened.
Prop #187 was written to test Pyler vs. Doe, and since Gray Davis didn't have confidence that the SCOTUS wouldn't overturn Plyler, he got #187 arbtrated away in an unprecedented abuse of CA gubernatorial power.
That's how they got "the whole thing thrown out."
You're right, though, in a way... the guys who wrote #187 didn't anticipate that.
There was no severability clause in Proposition 187. Without a severability clause, all that the opponents needed to do was get ONE very small piece of the initiative overturned, and the entire thing went with it. And it was 99% certain that some parts of the initiative were going to get shot down. The guys who wrote the initiative didn't think ahead, and the thing died right there.
More Bravo Sierra......
Yeah, it was badly written. The opponents used that to get the whole thing thrown out. Tough s**t.
Tough s**t, LOL!