Redistricting on Ballot to Stay

Sac Bee ^ | 08/13/05 | Jim Sanders

[irishlass007]

Let fight over wording resume after election, state high court says. By Jim Sanders -- Bee Capitol Bureau Published 2:15 am PDT Saturday, August 13, 2005 Story appeared on Page A1 of The Bee The California Supreme Court put Proposition 77 back on the special-election ballot Friday, ruling that controversy surrounding the redistricting measure can be decided after the November vote. The decision breathes new life into a cornerstone of Gov. Arnold Schwarzenegger's agenda to overhaul state government. "Close to 1 million Californians signed petitions demanding redistricting reform - and today their voices have been heard," Schwarzenegger said in a prepared statement. State Attorney General Bill Lockyer, who filed the suit contesting Proposition 77, released a statement suggesting the high court's ruling could set a dangerous precedent. "The outcome in this case presents a serious danger of opening up the initiative process to bait-and-switch tactics that deceive voters and erode their trust," Lockyer said. "Let's hope that danger does not materialize." On Tuesday, a state appellate court refused to reinstate the measure, ruling the initiative was fatally flawed due to proponents' "negligence" in circulating one version for voter signatures and submitting another version for the ballot. The Supreme Court did not decide the merits of Lockyer's suit Friday, reserving judgment until after the Nov. 8 election. The court simply said it had not been shown adequate evidence that the textual discrepancies would have misled California voters into signing Proposition 77 ballot petitions. Without such a showing, the court said, "we conclude that it would not be appropriate to deny the electorate the opportunity to vote on Proposition 77."

[irishlass007]

Hooray

[goldstategop]

I expect more litigation after the election - if it passes. The Democrats are not going to give up their stranglehold on the State Legislature if that's the last thing they do.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)

[Political Junkie Too]

Good. I had my doubts about the California Supreme Court, but they did toss out the attempt to cancel the recall election over punchcard ballots, and now they tossed out the tossing out of Prop 77 over irrelevant word changes.

-PJ

[Texas_Conservative2]

how did such a liberal state get such a reasonable court?

[Ma3lst0rm]

I think in this case the Court would have to totally disregard the law in order toss the ballot initiative. Not that it has stopped them before.

[CA Conservative]

how did such a liberal state get such a reasonable court?

We have had a series of Republican governors. Even though some have been "moderate" (Wilson, Schwarzengger, et al), they still have to keep the conservatives on the plantation to get the nomination. They do that mostly by appointing decent state supreme court justices (see: Janice Rogers Brown).

[DoughtyOne]

Well, for one thing the liberal state kicked three liberal judges off the court about fifteen years ago.

[irishlass007]

It will be important to win by a big margin. Harder for the demos to attack. Tell your friends.

[DoughtyOne]

Rose Bird

From Wikipedia, the free encyclopedia.

Rose Elizabeth Bird (November 2, 1936-December 4, 1999) served for 10 years as the Chief Justice of the California Supreme Court until removed from that office by the voters. She was the first female Chief Justice of the Court, and the first to be removed from that office by a majority of the state's voters. California justices are selected by the governor but must be regularly reconfirmed by the electorate. Prior to becoming the first female Chief Justice in California, she was the first female law clerk in the Supreme Court of Nevada, the first female deputy public defender in Santa Clara County, and the first female to hold a cabinet-level job in California (as Secretary of Agriculture).

Bird was removed in the November 1986 election after a high-profile campaign which cited her categorical opposition to the death penalty. She had voted against the death penalty in every such case that came before her. This led Bird's opponents to claim that she was substituting her own opinions and ideas for the laws and precedents upon which judicial decisions are supposed to be made. The anti-Bird campaign ran compelling television commercials featuring the children of the victims of the murderers whose sentences Bird and her allies Cruz and Grodin had voted to reverse.

The campaign to oust Bird is considered a triumph for "social conservatives." However, the campaign was also supported by business interests who felt that California's legal system had become too anti-business) under prior chief justices like Roger J. Traynor, and Bird was compounding the liability crisis with opinions that were muddling previously-settled aspects of contract law.

Justices Cruz Reynoso and Joseph Grodin were also voted off at the same time, for their strident anti-death penalty stance. Veteran Justice Stanley Mosk was not challenged and remained on the court. As a result of the 1986 election, Governor George Deukmejian was able to appoint several conservative justices and move the court to a more consistent judicial philosophy.

Bird, who had no prior judical experience was originally appointed by former governor of California [[Jerry Brown. Brown later said he regretted his decision to appoint Bird. She died on December 4, 1999, of breast cancer, at the age of 63.

[ErnBatavia]

Rose must have been a real whackjob if Jerry "Moonbeam" Brown regretted appointing her...

[MassachusettsGOP]

[Moral Hazard]

"I had my doubts about the California Supreme Court, but they did toss out the attempt to cancel the recall election over punchcard ballots..."

That was the 9th circuit court of appeals. They had an "en banc" review with 11 judges. The 9th circuit panel originally postponed the recall election by a 2-1 vote. It was reversed 11-0.

[Political Junkie Too]

Rats! I can't keep them straight anymore.

-PJ

[bpjam]

I'm just dang happy to see this moving forward. Lets get re-districting out of their hands and we can make their lives miserable for another ten years. But unless the other two propositions get on the ballot and pass, CA will not really change enough to make it livable.