[Pubbie]

I was under the impression that McClintock, or whoever is governor, could use the line item veto to cut as many social programs as they want, thus bringing the Budget back into line.

PS: Does anyone know if McClintock could resurrect Prop187 by appealing to the US Supreme Court?

[The KG9 Kid]

"... PS: Does anyone know if McClintock could resurrect Prop187 by appealing to the US Supreme Court?"

I don't see why not. The USSC would have to hear it though.

[breakem]

The gov can rduc the budget (called blue pencilling), but not add to it. However, some programs are required by state or federal law and the dems will take all such cuts to court. The fight is just beginning.

[ambrose]

I was under the impression that McClintock, or whoever is governor, could use the line item veto to cut as many social programs as they want, thus bringing the Budget back into line

You are correct. That's how George Deukmejian dealt with the Rat legislature. When the Rats refused to reform Cal-OSHA, he simply did a line-item veto of the entire Cal-OSHA budget! Guy had balls... wish HE would run...

[B Knotts]

Well, I think he could revive the Prop 187 challenge, but he would need to order the Attorney General to do so, which could be problematic, as the Attorney General is an idiot. I don't know if the federal courts would consider the delay too long or not.

[Amerigomag]

Does anyone know if McClintock could resurrect Prop187 by appealing to the US Supreme Court?

The short answer is no.

The process would go as follows: First the California Attorney General (not the governor) would have to convince the California Supreme Court that Davis acted outside the scope of his authority when Davis met with a small number of special interest groups to arbitrate the original appeal to the 9th Circuit.

If the California Supreme Court agreeed that Davis acted outside his authority then the AG would have to petition the 9th Circuit to set aside the arbitration results and reinstate the original appeal.

If California lost it's appeal in the 9th Circuit then it could seek relief from the SCOTUS.

Hope this helps.