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To: Elliott Gigantalope
It was called Prop. 187, and some rotten vermin of a federal judge overturned it because it was "unconstutional". I can't even think about it for too long or my head will explode.

So ... why wasn't that finding appealed? Who is responsible for representing the voters of California? Bill Lockyear? Why hasn't he appealed the case? Why haven't y'all organized and crawled up his ass until he does his duty as a Constitutional Officer and Officer of the Court? Why did it just stop there?

So, some LA judge put a stay on the regulation. That happens. That's why there are courts of appeal, how did millions of Californians sit back while their legally presented, legitimately approved public will be thwarted by one unaccountable jurist?

I've never understood why these mandates, approved by millions of Californians, are allowed to be nullified by the fiat of a single judge.

What am I missing?

16 posted on 08/16/2003 8:17:45 PM PDT by ArneFufkin
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To: ArneFufkin
So ... why wasn't that finding appealed?

As I understand it, the failure began when Gray Davis became governor. The appeal began during Pete Wilson's term and was scheduled for the 9th Circuit Court of Appeals. Before the appeal was to be argued, Davis took over, and he declined to pursue it. Instead, Davis arranged a phony "mediation" or "arbitration," whereby the only negotiators Davis invited were the anti-187 people; nobody supporting 187 was included (unfortunately for us).

There was a recall attempt based on Davis' failure to uphold the will of CA voters on 187, but the attempt, like the thirty or so recall attempts on various CA governors, failed to collect enough signatures.

I don't know whether the appeal can be resurrected or why Davis had the authority to stop the appeal, although Lockyer probably agreed with Davis; maybe some Freeper lawyers can enlighten us all about the appeals process?

64 posted on 08/17/2003 3:14:21 AM PDT by heleny
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To: ArneFufkin
It's up to the Governor and other state officials to appeal the reversals. If they choose not to the law is gone. That's what happened to 187. Not much you can do about it other than recall Davis and replace him with someone who will challenge the reversal in appellate court. Will the Terminator be up to that? Who knows?
77 posted on 08/17/2003 11:35:50 AM PDT by Jack Black
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To: ArneFufkin; Elliott Gigantalope
I've never understood why these mandates, approved by millions of Californians, are allowed to be nullified by the fiat of a single judge.

You and me both. And apparently Elliott Gigantalope as well. Defies logic.

93 posted on 08/17/2003 12:43:18 PM PDT by arasina (A place is what YOU make it.)
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To: ArneFufkin
"So ... why wasn't that finding appealed? Who is responsible for representing the voters of California? Bill Lockyear? Why hasn't he appealed the case?"

Bill Lockyear? He opposed 187! He's against the private ownership of firearms, he's pro-abortion, etc. Lockyear is a liberal Dim; why in hell would he appeal the federal court's decision?
136 posted on 08/18/2003 5:46:55 AM PDT by ought-six
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