A Conversation With Tom McClintock (Would take Proposition #187 back to court)

Human Events ^ | August 28th, 2003 | Human Events Editorial Board

[pogo101]

suddenly, there's a new case where the legality of the injunction can be argued

I think I understand that part. The difficulty lies in what happens next. The plaintiffs will argue "res judicata": that the state government already litigated this (represented, in law, however poorly in fact), lost, and it's done.

Tom may know all this and may simply feel that, although it's legally a doomed effort, politically it may be wise to focus public attention again on the serious financial burden of providing social services to illegal aliens -- now that that burden is so much heavier than it was back when 187 passed. Arnold and everyone else are treating the issue like a third rail, unfortunately.

[kellynla]

Excellent interview! Thanks Saber for the ping & the post!
McClintock couldn't be more concise and specific! Thanks for the multiple pings Helen & RR! VOTE4MCCLINTOCK or pay the con$equence$! click here to learn more http://www.tommcclintock.com

[kellynla]

Excellent interview! Thanks Saber for the ping & the post!
McClintock couldn't be more concise and specific! Thanks for the multiple pings Helen & RR! VOTE4MCCLINTOCK or pay the con$equence$! click here to learn more http://www.tommcclintock.com

[TheAngryClam]

The res judicata problem is why McClintock keeps hitting on the "had it's day in court" line- that's actually how arguments by defendants (as the state is in this case) run.

I don't know how the district court ruling came about. If it's a preliminary injunction against 187, and then the case itself was dropped by Davis and Lockyer, there is a decent chance that a challenge will still be able to be mounted.

As for what courts are involved, the best bet is the federal district court the original injunction came down in, and possibly wherever they can find an illegal alien to be a plaintiff in their challenge.

After that, Ninth Circuit and the Supreme Court of the U.S.

[kellynla]

Excellent article. Thanks for posting it and pinging me, Saber! McClintock was concise and specific as usual. Thanks for the multiple pings, Helen & RR. VOTE4MCCLINTOCK or pay the conse$equence$! click here to constant updates and more information http://www.tommcclintock.com

[DoughtyOne]

Agreed.

[kellynla]

Sorry for the multiple posts...either some problem with the website or my pc or both. LOL

[GOP_1900AD]

Bump to that. Hey W, are you out there? Get a clue. You need to sieze the moment and move to the Right, or you are going to be a one termer!

[DoughtyOne]

The Ninth Circuit Court of Appeals having ruled on Proposition 187, I don't think it would be wise for a sitting Governor like McClintock to order enforcement. IMO, that would be grounds for removal. Enforcement would be a violation of the law. I don't want to go there.

I would hope California could still revive Proposition 187 by appealing to the Supreme Court. I would love it if McClintock did just that.

[Sabertooth]

wow! A conservative politican that's to the point, doesn't equivocate and is unashamed of his positions. Breath of fresh air!

Well, get ready for the revisionists who will pretend that Bill Simon was even a tenth as forthright, therefore "conservatives can't win in California."

Republican Senatorial, Gubernatorial, and Presidential candidates, whether conservative or moderate, who are too timid to address California's massive problem with Illegals have failed to win here in every election since Pete Wilson won in 1994.

Laughably, these self-congratulatory, so-called "political realists" hold Wilson up as an example of how to lose in California; nevermind that Wilson won at the top of the GOP's statewide ticket (Senatorial and Gubernatorial) four times from 1982 to 1994.

[Sabertooth]

The Ninth Circuit Court of Appeals having ruled on Proposition 187...

No, Proposition #187 never got that far. US District Judge Mariana Pfaelzer sat on it for most of Pete Wilson's second term before throwing #187 out, thereby enabling the soon-to-be-elected Gray Davis to arbitrate it out of existence in a gross abuse of gubernatorial power.

[heleny]

Thanks for your insight!

[heleny]

The Ninth Circuit Court of Appeals having ruled on Proposition 187, I don't think it would be wise for a sitting Governor like McClintock to order enforcement. IMO, that would be grounds for removal. Enforcement would be a violation of the law. I don't want to go there.
I would hope California could still revive Proposition 187 by appealing to the Supreme Court. I would love it if McClintock did just that.

After the federal district court ruled, the appeal was scheduled to go to the 9th CCoA. I thought that's where Davis dropped the ball and organized the phony mediation, so that there was no appeal to the 9th CCoA. Does the mediation count as a ruling, so that an appeal would have to go directly to the Supreme Court? Would the legislature impeach McClintock for enforcing Prop 187?

[EGPWS]

It's refreshing, to say the least, to see that a politician still exists that can answer without a stutter and has an agenda that is unvaivering.

He sounds exactally like what the Dr. ordered for resolving California's fiscal woes.

[ambrose]

See the difference between a candidate with conviction and principle, as opposed to one who merely spouts off whatever lines have been fed to him by his handlers and focus groups?

[TheAngryClam]

The Ninth Circuit hasn't ruled on the proposition, only a federal district court.

The only thing the Ninth Circuit did was accept a stipulation from Davis dropping the appeal.

This is why Arizona is going forward passing their own version of Proposition 187- there is no circuitwide law on point.

[moehoward]

It's so clear that Tom McClintock is the only hope for Ca.

[GrandMoM]

BUMP

[navyblue]

"Tom may know all this and may simply feel that, although it's legally a doomed effort, politically it may be wise to focus public attention again on the serious financial burden of providing social services to illegal aliens -- now that that burden is so much heavier than it was back when 187 passed. Arnold and everyone else are treating the issue like a third rail, unfortunately."

Excuse me! Arnold did not avoid this issue. On Wednesday's Hannity and Colmes the question was put to Arnold.

Hannity: So if you were governor, you would deny benefits to illegal aliens?

Arnold: "We have to find a way to include them."

Is it just me or does anyone else interpret that statement to mean that Arnold would continue the goodies to illegals? Seems like a pretty straight forward answer to me. One of the biggest drains on this state today and this Rino intends to continue it.

It's over people. California is already in the toilet. Somebody please press the flush valve!

[sasafras]

McClintock for President!