It's a mute point now! My answer would be "no", he wouldn't be. But, he would have given it a fight, in my humble opinion, further exposing the "corruption" of the government, which could setup further rational change by the hands of the voters in the upcoming election.
Now we have Arnold. Welcome to the LEFT all over again. You just watch. He's nothing but a Kennedy in Republican clothing, and much less conservative than JFK. California is in for trouble. And the Federal Government is going to bail them out. Wait and see.