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A Conversation With Tom McClintock (Would take Proposition #187 back to court)
Human Events ^ | August 28th, 2003 | Human Events Editorial Board

Posted on 08/28/2003 8:17:39 AM PDT by Sabertooth

Page 3 -- A Conversation With Tom McClintock

Posted Aug 28, 2003

On August 25, the editors of HUMAN EVENTS interviewed California State Sen. Tom McClintock via telephone. McClintock, a Republican whose district includes Ventura and Santa Barbara counties and part of Los Angeles County, is a candidate to replace Gov. Gray Davis in California’s special October 7 recall election.

HUMAN EVENTS has additional interview requests pending with Republican actor Arnold Schwarzenegger, who also is running to replace Davis, and Rep. Dana Rohrabacher (R.-Calif.), a conservative who has endorsed Schwarzenegger’s candidacy.

McClintock, who graduated with honors from the University of California at Los Angeles in 1978, has long been active in GOP politics in the Golden State. He was first elected to the State Assembly in 1982, at age 26. He served continuously in that body until 1992, when he ran for the U.S. House of Representatives, losing narrowly to Democratic Rep. Tony Beilenson.

In 1994, he lost by another narrow margin in an initial race for state controller.

From 1992-94, McClintock served as director of the Center for the California Taxpayer, a project of the National Tax Limitation Foundation. In 1995, he was named director of Economic and Regulatory Affairs for the Claremont Institute’s Golden State Center for Policy Studies,

In 1996, he returned to the State Assembly. Four years later, he won a seat in the State Senate. Last November, he ran again for state controller, this time losing one of the closest races in California history, falling just 0.3% the vote short of defeating Democratic candidate Steve Westly. In the process, McClintock attracted more votes than any other Republican on the California ballot.

The following is an edited transcript of McClintock’s conversation with the editors of HUMAN EVENTS.

HUMAN EVENTS: In his press conference last Wednesday, Arnold Schwarzenegger declined to rule out raising taxes. Have you ruled out raising taxes if you are elected governor, and have you signed pledges to that effect?

MCCLINTOCK: Yes and yes.

Are you challenging Arnold Schwarzenegger to sign either Grover Norquist’s Americans for Tax Reform Pledge, or Lew Uhler’s National Tax Limitation Committee pledge to promise not to raise taxes?

MCCLINTOCK: I’m challenging him to sign both.

If he does not, do you think that Californians can trust him not to raise taxes?

MCCLINTOCK: No, I do not. He has surrounded himself with the team that imposed the biggest tax increase by any state in American history in 1991 here in California—a tax increase that broke the back of the state’s economy, that turned a recession into a near-depression, and needlessly prolonged our budget problem years into the future, until the state ended in de facto receivership in 1994. He has Warren Buffett, who is perhaps the most outspoken advocate of higher taxes in the country. His aides have been waxing eloquent over the number of circumstances that would justify a tax increase--and even though later retracted, it reflects what clearly is a discussion ongoing within Schwarzenegger’s circle. The positions he’s taken have been identical to those taken by Pete Wilson in 1990, when he said he wouldn’t raise taxes, that Dianne Feinstein was the big taxer. But every time he was asked to take a no-tax pledge, he pointedly refused to do so. And of course, his first act as governor was that massive tax increase in 1991 that broke all records for state tax increases.

Senator, considering the state faces a much-publicized $38 billion budget deficit, if you don’t raise taxes, how are you going to bring that budget into balance?

MCCLINTOCK: Bear in mind that California is spending a larger portion of people’s earnings than at any time in its history and delivering less. We are spending, in inflation-adjusted dollars, three times what [Democratic Gov.] Pat Brown spent in the mid-1960s, at a time when the state was delivering a first-rate level of service, including the finest highway system in the world, the finest university system and public school system in the country. We were bringing down the state water projects and building hydro-electric dams that today are producing electricity for half-a-cent a killowat-hour. All of these works of government were costing about $1,000 per capita in year 2000 inflation-adjusted dollars. The state of California today is spending over $3,000 and delivering nothing.

So what do you do? If you simply restored to California government the same freedom that every family and business has to shop around for the best service at the lowest cost, there’s about $9 billion in savings across all departments, according to the Reason Foundation’s recent survey of the state’s finances. Streamlining the state’s bureaucracies—that means abolishing agencies that duplicate local or federal jurisdictions, that overlap each others’ responsibilities, or that are performing services the private sector could and should do by itself—involves about another $6 billion in savings.

What specific—

MCCLINTOCK: Let me go down the list here real quick. Conforming the state’s prevailing wage laws to the federal Davis-Bacon act would save about $1 billion in construction. Conforming our workers’ compensation laws to Arizona’s would save about $2.5 billion to state and local governments. It is not hard to find waste in a government’s budget that spends as much as California and produces as little.

What specific programs would you abolish then?

MCCLINTOCK: There are a lot that can be simply abolished. For example, the state of California is alone in the nation in maintaining two separate tax agencies for the purpose of collecting taxes. They maintain duplicate offices in some 16 major cities in California. I have long advocated consolidation. The State Architect’s Office duplicates—at enormous expense—what local planning departments would do anyway. The State Fire Marshall’s Office duplicates what local Fire Departments would be doing anyway. We have a range of state agencies that simply duplicate federal functions. Those are the agencies that I would first abolish, including the entire structure of corporate welfare in this state.

In his press conference last week, Arnold Schwarzenegger said he would never cut state education spending, which makes up more than 40% of the state’s budget. Would you cut state education spending?

MCCLINTOCK: California spends $270,000 for every classroom with 30 students in this state. I have two children in the public schools, and I can guarantee you only a fraction of that money is actually reaching the classroom to educate our children. I have proposed classroom-based budgeting, where that $270,000 per classroom is injected directly into the classroom toward the education of our children. I believe that most of the State Department of Education can be abolished, and those savings passed into the classroom. So the bottom line is this: Yes, I believe that there are tremendous economies that can be worked in the California public school system that will produce more money in the classroom at lower cost than California currently bears.

Senator, could you say how much the budget was in deficit?

MCCLINTOCK: The budget deficit from the year just ended was $38 billion. It is very clear to me that the next year’s budget deficit will exceed that amount. I base that projection on the fact that there is $18 billion of deficit that is in the current budget that the governor has just signed. We know that next year’s budget deficit will begin at $10 billion, and that assumes that a dramatic economic recovery takes place this year. Failing that, of course, the budget deficit numbers will be much greater. And also, the governor’s unwillingness to restrain the state’s bureaucracy even in a time of severe budget deficit, leaves me with every expectation that next year’s budget deficit will exceed this past year’s.

Given his promise not to touch education spending, it seems that just to come out even for next year, Mr. Schwarzenegger would have to cut 25% of the remaining budget. Is that realistic? Or given his refusal to sign a tax pledge—wouldn’t he almost have to raise taxes?

MCCLINTOCK: Yes, I believe you would. And what disturbs me the most is, this is not a revenue problem. As I said, $9,000 per student is what we put in at the top of the education system--$270,000 per classroom.

We face a combination of problems. No. 1, bureaucracy is absorbing so much of that before it reaches the classroom level. No.2, a complete lack of accountability over the management of our public schools. No one is in charge of California public schools today. Everyone points a finger toward somebody else. In 1965, when my family moved to California, I can tell you exactly who was in charge of the California public schools. It was a fellow by the name of Ron Randolph. Ron Randolph was the principal at Glenwood Elementary School, and there was nobody closer to God on Earth than Ron Randolph at Glenwood Elementary School. He had the authority and the responsibility to tell a non-performing teacher to shape up or ship out. Any complaints from parents were instantly handled because he had the authority to do so, and he also had a local school board breathing down his neck to be sure that he did. The usurpation of local management by the state’s bureaucracies has destroyed the process of accountability that made our public schools the first in the country, despite the fact that in those days we were spending about one-third, in inflation-adjusted dollars, what we’re spending today per pupil. In the mid-1960’s when we had the finest public school system in the country, we were spending about $3,000 in year-2000 inflation adjusted dollars per pupil. We’re spending over $9,000 now and delivering a vastly lower quality of education. That’s the problem.

As long as we have politicians who are unwilling to take on the public school lobby and insist on these basic reforms—there’s an old saying, you can’t fill a broken bucket by pouring more water in it. You’ve got to fix the bucket.

In a 1995 position paper you recommended 217 specific budget cuts—including abolishing the Board for Guide Dogs, the Board of Landscape Architects, the Board of Funeral Directors and Embalmers. Would you still favor abolishing such commissions, which are small in themselves in terms of the budget, but add up?

MCCLINTOCK: Absolutely. There is no line item in the budget that says "waste." It would be much easier if there was. The waste occurs in every line of the state budget, and in the accumulation of a lot of programs like those that duplicate local or federal jurisdictions, or things the private sector could do anyway.

One of the additional burdens on California public schools since the 1960s is illegal immigration and the children of illegal aliens living in the state. Prop. 187, of course, said that illegal aliens would not be entitled to public education in California. Are you willing to enforce at least that element of Prop 187 and make sure that illegal aliens aren’t going to public schools in California?

MCCLINTOCK: I intend to enforce all provisions of Proposition 187. I supported that initiative. I actually ran radio ads for it in 1994. Proposition 187 never had a fair day in court. When it was challenged it was the governor’s responsibility to defend it. He refused to discharge that responsibility. I intend to see that Proposition 187 does have its full, fair hearing in court, and the best way to do that is to begin to enforce it.

You will actually order state agencies under your control as governor to act as if Prop 187 is the law of California?

MCCLINTOCK: I will use every power available to the governor to see that our immigration laws are enforced.

And then you will move forward with an appeal to the U. S. Supreme Court?

MCCLINTOCK: Exactly.

I understand that Gov. Gray Davis made a deal under the auspices of the 9th U.S. Court of Appeals in San Francisco to drop Prop 187, can you at this point simply pick it up and resume that appeal?

MCCLINTOCK: I believe that I can. I certainly will do everything in my power to do so.

Outside of enforcing the provisions of Prop 187 are there any other things that you have planned to deal with the problems caused by illegal immigration in California?

MCCLINTOCK: I intend to bring maximum pressure to bear on the federal government to discharge its fundamental responsibility to protect our borders. I intend to direct all state agencies to do whatever they possibly can to see that our immigration laws are enforced. And I intend to veto legislation such as S.B. 60 that would provide valid state identification documents in the form of California driver’s license to illegal immigrants, the only purpose of which is to undermine our immigration laws. And let me point out, in addition to $4 billion in direct costs of illegal immigration to the state government alone—and that’s a conservative estimate from the Legislative Analyst’s Office—the most damaging thing about illegal immigration is that it undermines the process of legal immigration accompanied by assimilation that is a strength of our nation, and in fact its foundation.

If the Feds refuse to act, will you as governor consider using the state national guard to police California’s border with Mexico?

MCCLINTOCK: As I said, I intend to use every authority available to the governors to enforce our immigration law.

So, you would consider using the National Guard?

MCCLINTOCK: If it is within the authority of the governor.

Gray Davis approved or signed a bill allowing in-state tuition to be given to illegal aliens in Cal-State University campuses, and the UC Board of Regents mirrored that at University of California campuses. Would you seek to reverse that also?

MCCLINTOCK: Yes. I opposed it in the legislature and I would absolutely seek to reverse it.

The argument is often made by people on the other side of this issue that Republicans that support Prop 187 and would cut off funding for various benefits for illegal aliens are in fact anti-Latino. How would you deal with that argument?

MCCLINTOCK: There are millions of Latino families who have obeyed our immigration laws and come to our nation legally with the express purpose of becoming Americans and seeing their children succeed and prosper as Americans. Illegal immigration is a process of cutting in line in front of the people who are obeying our immigration law. And that is not anti-Latino, it is not anti-immigrant. It is unfair to all of those from around the world who have stood in line to obey our laws to grant preference to those who have cut in line in front of them.

It is common belief here in Washington that the Bush White House, particularly Karl Rove, has a strategy to reach out to the Latino vote. Part of this has involved floating the idea of an amnesty for illegal aliens from Mexico, also an unwillingness to engage in any policy, particularly the kinds your talking about now, that might be used to alienate Latino votes, and they would think cost them the state of California in a presidential election in 2004. How would you address those arguments?

MCCLINTOCK: Latino voters are Americans, and I heartily disagree with the notion that Latino voters are somehow different from any other voters. Latino voters care very much about exactly the same issues as every other American, and that includes a great concern over illegal immigration.

Michelle Malkin, the nationally syndicated columnist, reported last week, and so did the Investors Business Daily, that Lt. Gov. Cruz Bustamante was a member of a group called MEChA when he was a student at Fresno State University, and quoted documents from that group that arguably have a racialist point of view, and a separatist point of view. Are you familiar with this group MEChA, and do you believe that Lt. Gov. Cruz Bustamante should disavow this group and its views?

MCCLINTOCK: Yes, I am familiar with it, and yes I do believe he should disavow his association with that group.

Why do you believe there has been almost no attention in the liberal press to Bustamante’s association with MEChA?

MCCLINTOCK: (Chuckles.) I can’t imagine why. (Laughter.)

Would you challenge the liberal press to take a look at this story in the course of your campaign, the story of Cruz Bustamante’s association with MEChA?

MCCLINTOCK: All I know is the published reports that indicate his association with that group. If those published reports are correct, I believe that Cruz Bustamante has a great deal of explaining to do, if he still supports the aims of that organization.

Ward Connerly’s Prop. 54 [the Racial Privacy Initiative, which would forbid the state government from categorizing people by race] is going to be on the ballot. Do you endorse that, and will you support it?

MCCLINTOCK: I strongly endorse and support it. I do not believe that a person’s skin color should determine how they are treated by their government.

Much has been made of anti-business regulations that the Democratic legislature has passed. You mentioned the workers’ comp laws—they expanded the benefits—and you’ve also mentioned that you can get workers’ comp benefits without any real scientific proof that you have an injury. But another big regulation that’s coming up, and takes effect next July, is the family leave law. Mr. Schwarzenegger has ducked this question twice on national television. Will you work to repeal the family leave law?

MCCLINTOCK: Yes. I firmly opposed the family leave law when it was brought before the legislature. I believe that it will devastate what’s left of California’s employment base, and its repeal must be of highest priority if this state’s business climate is to be improved.

This is something the Democrats are still defending, unlike the workers’ comp system. Do you see any way of doing this other than going to the people with a ballot initiative?

MCCLINTOCK: Given the special interest dominance of the current state legislature, I believe the next governor is going to have to go to appeal to the people on a broad range of reforms, and that is one of them.

Can you name some of the other reforms you’re talking about that should be executed by ballot initiative?

MCCLINTOCK: A complete overhaul of our out-of-control tort system. The re-enactment of the Gann Spending Limit, which was in place in the state from 1979 to 1990. It provided that government spending could grow only as fast as inflation and population growth combined. This was hardly a Draconian limit—through the 1980s, the state budget more than doubled while within the Gann Spending Limit. In 1990, the Gann limit was gutted by Proposition 111. If the Gann spending limit had simply been restored at the outset of the Gray Davis administration, the state budget would still be 21% larger than it was four years ago, but instead of a $38-billion deficit, we would have had a $5-billion surplus.

Will you rule out, without qualification, abandoning the race? And have you had anyone from the administration or within the state party talk to you about getting out of the race?

MCCLINTOCK: Yes, without equivocation, this horse is in the race to the finish line. I realize War Admiral doesn’t want a race—Seabiscuit does.

With Bill Simon dropping out, the pressures on you must be intense to clear the path for Schwarzenegger?

MCCLINTOCK: Well, if Bill Simon’s support rallies to my campaign, according to the recent Los Angeles Times poll, I am then in a statistical dead heat with Arnold Schwarzenegger.

But have there been pressures?

MCCLINTOCK: No. I have received no phone calls from the White House or from any other party leaders, state or national, suggesting that I get out of the race. I have been reading veiled and not-so-veiled threats in the newspapers, but that’s the only place I see it.

Nobody’s called you?

MCCLINTOCK: No. And just to save them the fuss and bother of a phone call, the answer is, "Forget it."

What is the essential argument you’re going to make to California Republicans to choose you over Schwarzenegger?

MCCLINTOCK: I have spent 20 years in the public arena proposing and fighting for precisely those fiscal reforms that the public now realizes are absolutely essential to restore our state’s finances, and its public works and its economy. The positions that I have taken over those 20 years have been firm and unchanging. They are positions that the people of California can count on. There’s a great deal that Arnold Schwarzenegger can teach me about making movies. There’s a great deal I could teach him about the fiscal reform of the state government. The problem is, Number 1, he’s got advisors around him who are of a completely different mind, and, Number 2, there’s no time for training anyway: the new governor will take office the moment the last ballot is counted.

Will Gray Davis be recalled?

MCCLINTOCK: Yes. I think the people of California have—

The latest LA Times poll shows it tightening up—50% to 45%, just a bare majority. Do you think that Democrats will actually vote to recall him?

MCCLINTOCK: The sentiment for fundamental change in the direction of this state is far stronger than any sentiment to maintain the status quo. What the polls, of course, don’t measure, is the intensity of people’s feelings on these subjects—those who support the recall do so passionately. Those who oppose the recall are not nearly as passionate, except for those who are directly feeding at the public trough. And for that reason, I believe that you need to take the raw numbers with a large dose of salt.

Won’t you actually have to attack Schwarzenegger in various ways in order to possibly win a plurality of the vote here over Bustamante?

MCCLINTOCK: I believe the people of California want to know specifically and exactly the direction that each of the candidates would take our state. I think they will insist upon very specific answers from Arnold Schwarzenegger on all of these issues. And if he fails to do so, I believe that the public will be very unimpressed. I might add that you’ve seen all-Arnold, all-the-time, on all channels all this month, an unprecedented amount of media coverage and attention. And yet throughout this period, he has not moved a bit in the polls. He has maintained a very consistent position in the mid-to-low 20s throughout this race.

Some conservatives have been leery of supporting Schwarzenegger because of his highly publicized liberal views on social issues. Where do you stand on abortion?

MCCLINTOCK: I am pro-life.

Does that mean you would seek to prohibit abortion in California if you could?

MCCLINTOCK: I will seek to prohibit partial-birth abortion, the process of killing an infant as it’s being delivered. I think most Californians agree that that practice is barbaric. I believe and will push for legislation to ensure that parents have restored to them the right to consent before an abortion is performed on their minor children. And I will also support legislation, certainly, to prohibit the practice once a brain wave is present in the infant. At that point, I think that a broad consensus can exist in California, will exist in California, that once the brain wave is detectable, the infant unquestionably acquires a right to life that is unalienable.

Would you sign or veto appropriations that provide funding for abortion by the state of California?

MCCLINTOCK: I oppose funding for abortion. I always have.

You would veto appropriations that include funding for abortion?

MCCLINTOCK: Correct.

Arnold Schwarzenegger reportedly approves of gay adoption. As governor, would you seek to stop and prohibit, or to allow gay adoption?

MCCLINTOCK: We have a wealth of sociological data that shows that children do much better in a traditional family environment. And I do not believe that homosexual adoptions meet that criterion.

If the United States Congress approves a Federal Marriage Amendment—which has already been proposed in the U.S. House of Representatives—would you support its ratification by the legislature in California?

MCCLINTOCK: Yes.

And how would the Supreme Court justices you would nominate in California differ from those you believe Arnold Schwarzenegger would nominate?

MCCLINTOCK: The judges I would appoint must, above all else, believe in the fundamental principles of the American founding, that the purpose of government is to secure those rights, those inalienable rights, derived from the people—what the founders called the laws of nature and of nature’s God.

You mentioned before that Mr. Schwarzenegger is stuck in the mid-to-low 20s, and has been there ever since he entered the race. Given that a lot of Republicans who have chosen to support you or Mr. Simon may have already rejected the option of voting for him, do you consider his vote-pull to be a dead weight, and would you call for him to get out of the race?

MCCLINTOCK: I don’t think anyone should get out of the race. I think the voters will sort this out very nicely as the campaign proceeds.

Back to the $38-billion deficit that you think California is going to have next year. Are there other people who are supporting you on this, who support that number?

MCCLINTOCK: Again, what I said was, I think it will exceed $38 billion.

Right. Exceed $38 billion. Are there other people who support that figure?

MCCLINTOCK: I think everyone agrees that the budget deficit next year will be massive.

Davis has said, ‘Well, it’s down to $8 billion.’

MCCLINTOCK: No, no. Understand what he’s talking about. He’s talking about the structural deficit to begin the next fiscal year is $8 billion. That’s predicated on a dramatic economic recovery this year that I don’t foresee. I think that figure will be closer to $10 billion or beyond. But on top of that you must also bear in mind that the current state budget requires the borrowing of $11 billion simply to meet last year’s shortfall, another $2 billion to make its pension payments, $4.2 billion in the illegal tripling of the car tax—that will be ordered returned to the taxpayers plus interest when the courts are finally able to act. When you untangle all the bookkeeping gimmicks, and all of the illegal taxes and illegal borrowing upon which this budget is based, you easily exceed $18 billion of deficit in the current year. Add that to at least $10 billion in deficit that you will begin the next fiscal year with, and you’re already up to $28 billion and we’re only a month into that budget. Based upon past experience, I believe that this year’s budget deficit will exceed last year’s, which was, as you know, $38 billion.

Gov. Davis and the legislature have dramatically expanded the state’s pension liabilities during the last four years. Do you see any chance of rolling those back?

MCCLINTOCK: Pension obligations, once they are incurred, cannot be rescinded, but the state’s exposure can be reduced in two manners. Number one, a dramatic reduction in the state’s workforce, which I am pledged to do. Number two, the establishment of a second pension plan for new hires, which will be in line with private sector pensions, rather than the lavish benefits now accorded to public sector employees.

You can’t change it through initiative?

MCCLINTOCK: Once you’ve incurred that pension obligation, you have to live with it. That is why it is so damaging. I opposed every one of the measures that increased the state’s pension obligation, and I am heartsick at what the legislature did on this. What I can do is to make a dramatic reduction in the state’s workforce and I can also assure that any future pension obligations will be based on what is available to private sector employees.

Many well-known conservatives are endorsing Mr. Schwarzenegger—Rep. Chris Cox [R.-Calif.] last week, for example. Do you have any evidence that with the exit of Bill Simon, you’re going to pick up some people who endorsed him and were working for him among conservatives?

MCCLINTOCK: I do know this, that we had a large surge in contributions immediately following Bill Simon’s withdrawal from the race. There is a tendency among established politicians to migrate to celebrity, and I don’t expect that to change, it is human nature. I do, however, have great hopes that the vast majority of Bill Simon’s voters will rally to my campaign, and if they do so, it will place us within a statistical dead heat.

[Continued below]


TOPICS: Business/Economy; Constitution/Conservatism; Crime/Corruption; Culture/Society; Front Page News; Government; News/Current Events; Politics/Elections; US: California
KEYWORDS: 187; immigrantlist; mcclintock; proposition187; tommcclintock
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To: Sabertooth; Congressman Billybob; Jim Robinson
Constitutionalist ping.
41 posted on 08/28/2003 9:56:25 AM PDT by jokar (Beware the White European Male Christian theological complex !!)
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To: jokar; Sabretooth
PING! TODAY!
California's First Live Town Hall Meeting
August 28, 2003 at Thursday 3:00PM

Senator McClintock to host Roger Hedgecock Show,
You can listen online @ http://www.kogo.com or AM 600 in San Diego
Thanks to Kellynla.
42 posted on 08/28/2003 10:01:03 AM PDT by jokar (Beware the White European Male Christian theological complex !!)
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To: Sabertooth
McClintock has my vote, and I'll spread the word to everyone I know that he's willing to revive Prop 187. The welfare magnet must stop or we'll sink (actually we're already sinking).
43 posted on 08/28/2003 10:03:57 AM PDT by janetgreen
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To: Sabertooth
McClintock has my vote, and I'll spread the word to everyone I know that he's willing to revive Prop 187. The welfare magnet must stop or we'll sink (actually we're already sinking).
44 posted on 08/28/2003 10:04:48 AM PDT by janetgreen
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To: TheAngryClam
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
I didn't know the details myself, so I scrounged around to try to find out more.

To your first comment: the case is League of United Latin American Citizens ("LULAC") v. Wilson, number CV 94-07569 MRP (JR). The MRP signifies its random assignment upon filing -- on Wed., Nov. 9, 1994, the day after 187's 59%-41% passage -- to now-senior district judge Marianna R. Pfaelzer.

Plaintiffs sought a TRO. On November 16, in Pfaelzer's absence and after a hearing, district judge Wm. Matthew Byrne entered that TRO as to most of Prop 187's provisions. Pfaelzer herself entered preliminary injunction on December 14, 1994 after another hearing. That preliminary injunction remained in effect until a final judgment in the case. Plaintiffs moved for summary judgment in May 1995; Pfaelzer granted most but not all of that motion in November 1995 (see 908 F.Supp. 755 (C.D. Cal. 1995)); and the litigation rolled glacially onward, with preliminary injunction remaining in place.

In February 1997, some immigration-reform groups sought to intervene, but Pfaelzer denied that motion. The Ninth Circuit affirmed, essentially concluding that the would-be intervenors had waited too long after the start of the case (27 months) before seeking to intervene. See 131 F.3d 1297 (9th Cir. 1997).

Pfaelzer entered judgment granting a permanent injunction on March 13, 1998. Save for a few loose ends like attorneys' fee motions, that judgment was the last word at the district court level.

At the 9th Circus level, where the appeal was begun promptly enough (in April '98) as No. 98-55671, the court didn't even set a briefing schedule until July '98, and that schedule called for submissions between Nov. '98 and Feb. '99. By then, of course, Davis was governor, and so in April, the state filed for mediation. Sensing that Davis/Lockyer were going to bury the appeal, at least one of the immigration groups that'd sought to intervene previously (see above) tried again and failed.

By July '99, the parties had stipulated to dismiss the appeal "without prejudice to reinstatement only in the event the [district court] disapproves the stipulation on or before 9/30/99." Pfaelzer approved it on September 13, 1999.

As to the likely choreography, there's no need for a new individual plaintiff. The plaintiffs to LULAC v. Wilson can themselves move the court for a postjudment enforcement order seeking sanctions or even contempt (which can carry jail time). The state (McClintock) could try to appeal, I suppose, but the 9th Circus almost certainly will say Nope, Res Judicata. McClintock then can petition SCOTUS for a writ of certiorari, but probably only as to the is-this-really-res-judicata question, not (yet) as to the merits of 187.
45 posted on 08/28/2003 10:23:31 AM PDT by pogo101
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To: Sabertooth
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."

I would agree that Simon wasn't 1/10th as good as McClintock.  Like you, I would not agree that a conservative cannot get elected.  There are several things that make that a difficult proposition though.  First, any Republican candidate (Simon an excellent example) should receive state and when possible national level support.  Simon recieved every little of either.  IMO, this is what cost him the election.  True enough, I didn't particularly care for his campaign, but with more state and national party funds, he could have raised the level of his campaign.  That's the point.  If McClintock were the lead man going into this election, would the state abandon him because they had wanted Schwarzenegger, like they did Simon because they wanted Riordan?  Then there's the issue of a spoiler.  When you get a RINO like Schwarzenegger in the mix, a RINO that is wildly popular with the public, it makes it very difficult for a guy like McClintock to pull in the support he must have to win.

Precisely due to the fact that the popular RINO will  draw votes from both quarters, some dems and some republicans, he becomes a very large obsticle to a true Conservative's advancement.

In this election I think McClintock has gotten a lot more coverage than I would have expected for a true Conservative.  I have wondered if he would have gotten that coverage if it weren't for the leftist media wanting to take Schwarzenegger down a notch or two for Bustamante.  Butstamante contrasts much better against McClintock.  I think he'd much rather run against someone he can demagogue to the max.  With Schwarzenegger, a man you guys have pointed out shares some of Bustamante's views on certain topics, it's going to be very difficult for Bustamante to place a wedge between him and the more liberal voting block.

The liberal voting block is concerned with social issues.  Well Schwarzenegger isn't a threat there.  And frankly that concerns us.  This isn't something I relish, but the fact is, even liberals discern a need for fiscal conservancy at this time.  With liberal issues not a concern and Schwarzenegger a fiscal conservative by appearances, the left will vote for this guy.  As some have pointed out, he'd have made a cracker jack democrat.  Unfortunately he jumped in on our side and we have to deal with that.

McClintock:  A rock solid conservative that correctly addresses every issue that concerns them (including me)
Schwarzenegger:  A somewhat Conservative fiscal stance with clearly liberal leanings on social issues and even some economic issues
Bustamante: A brown racist separatist who's policies are antithecal to anything a Conservative stands for

This is what voters will be assessing.  With A.S. in the mix, this is going to be a rocky road for real Conservatives

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.

And that has cost them a lot of support.  I just can't fathom why ANY "Conservative" candidate would fail to endorse a set of policies that would appeal to the voters of Proposition 187, which passed by a large margin.

I'd go further than you did.  It is insulting that those candidates abandon talk of just about any Conservative values during the election process.  Ronald Reagan championed Conservatism.  He won converts!  The folks we have today are almost embarassed to be caught advocating core Conservative values.  McClintock is the first person in a long time who clearly gets it.  And I believe he will win converts to Conservatism.  No salesman sells product unless he makes a pitch.  For far too long Conservatives have failed to make that pitch.  McClintock is doing the right thing on the right issues.  Good for him.  Good for us.  Good for our future.

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.

I am a political realist.  I'm not laughing.  I'm not sure how anyone could use Pete Wilson as an example of a loser.  He served two terms as governor.  I did not support his candidacy for President.  He was too much a RINO for my liking.  And as for Pete losing based on the fact he endorced Proposition 187, I don't know how a guy could be effected negatively by supporting something 60% of California supported.

This hasn't stopped the media from making that claim several times over the last few weeks.  I've also seen them refer to him as Senator Wilson when his last held office was Governor.  That seems inappropriate.

46 posted on 08/28/2003 10:25:05 AM PDT by DoughtyOne
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To: navyblue
I think we agree. I mean "third rail" not in the sense of not being talked about (by Arnold et al.) but more in the sense of Social Security: "don't touch it."
47 posted on 08/28/2003 10:26:20 AM PDT by pogo101
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To: Sabertooth
I'm not entirely sure you're wrong on that. Perhaps you aren't. The battle cry for about five years has been to appeal this to the Supreme Court. I thought the Prop had been addressed by the Ninth Circuit Court.
48 posted on 08/28/2003 10:27:47 AM PDT by DoughtyOne
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To: navyblue
Aside from the licenses for Illegal's issue. It is obvious that we could expect the "same old, same old" from Arnold on the Illegal Alien issue.

McClintock is the man to draw the line in CA on the Illegal Alien invasion. The rest of the states will follow likewise.
49 posted on 08/28/2003 10:30:54 AM PDT by moehoward
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To: Sabertooth
If I lived in California...this guy would get my vote, period.

I wish and pray for his success.

50 posted on 08/28/2003 10:38:35 AM PDT by Jeff Head
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To: ambrose
To: DoughtyOne

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?

35 posted on 08/28/2003 9:43 AM PDT by ambrose (do you even CARE that the USA is being overrun with illegal aliens?)

After my pumping the same issues McClintock is, for the last five years on this forum, I'd think you'd find that statement unworthy of posting to the forum.  You haven't seem me on the anti-illegal alien threads?  LMAO  Bud, reality check.  I support 100% of McClintock's policies.

51 posted on 08/28/2003 10:40:15 AM PDT by DoughtyOne
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To: moehoward
"McClintock is the man to draw the line in CA on the Illegal Alien invasion. The rest of the states will follow likewise."

Ooooh! Dangerous stuff you're sprouting there guy! Don't let Karl Rove hear you say that or you'll never be welcome at the White House again. /sarcasm


52 posted on 08/28/2003 10:50:30 AM PDT by navyblue
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To: DoughtyOne
Yes, yes... but CA could have a Gov. McClintock. If not '03, then what about in '06?

If Ahnold comes in and Clintonizes the Republican Party, then all bets are off. We'd be doomed.
53 posted on 08/28/2003 10:51:44 AM PDT by ambrose (do you even CARE that the USA is being overrun with illegal aliens?)
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To: joanie-f; Dukie; Travis McGee; Grampa Dave; B4Ranch; Squantos; Noumenon; logos; Lurker
Read this interview and these statements from McClintock.

God grant us more such statesmen. I intentionally did not say politician because I do not believe, with these positions, that this guy is playing politics...he's actually looking out for the welfare of his state, as he took an oath to do.

I would vote for him in an instant ove rall the others currently on that ballot if I lived in CA.

54 posted on 08/28/2003 10:52:37 AM PDT by Jeff Head
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To: Sabertooth
For California's sake, I hope McClintock wins. For the country's sake, I hope McClintock wins. It would be great for the country to see a real conservative in action.
55 posted on 08/28/2003 11:03:24 AM PDT by Nephi (Extremism in the defense of liberty is no vice. Moderation in the pursuit of justice is no virtue.)
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To: ambrose
Re your tag line:

In my opinion, it's not that people don't care. It's because they're all walking around with blinders on. Too involved with their own particular lifestyle. Thier 401K's, their vacations, their families etc. Fact is, they simply do not see what is going on in plain sight. Guess it's a "forest for the trees" thing.

Or as a friend told me: ''I don't sweat the small stuff! And anything else besides my business is the small stuff"
56 posted on 08/28/2003 11:04:05 AM PDT by navyblue
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To: Jeff Head

If I lived in California...this guy would get my vote, period. I wish and pray for his success

Watch what happens to the polls after the debates, even if Arnold's handlers keep him out.

How many times in our lives do we get the chance to vote for someone like Tom McClintock?

And I'm supposed to blow the opporunity on an actor whose movies have mostly stunk for the past decade?


57 posted on 08/28/2003 11:07:08 AM PDT by Sabertooth (Arnold would let Illegals stay... http://www.freerepublic.com/focus/f-news/971733/posts)
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To: navyblue
California is already in the toilet

I'm afraid you're right. No common-sense political candidate has a prayer in CA. The state is dominated by deviants, perverts and reprobates. There are some good people here, but their numbers are so small as to be insignificant.

58 posted on 08/28/2003 11:13:51 AM PDT by hoosierskypilot
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To: ambrose
To: DoughtyOne

Yes, yes... but CA could have a Gov. McClintock. If not '03, then what about in '06?

If Ahnold comes in and Clintonizes the Republican Party, then all bets are off. We'd be doomed.

53 posted on 08/28/2003 10:51 AM PDT by ambrose (do you even CARE that the USA is being overrun with illegal aliens?)
 

Have you ever heard the term "It's useless to beat a dead horse"?  For some reason you are not making a connection here.

I and other Schwarzenegger "DEFENDERS" have promised to vote for McClintock if he can raise his numbers.  What more can I say to you other than that you've got my vote if our number one guy is viable?  But this just isn't good enough for you.  You slander, insult and demand that I confirm my vote for McClintock even if you and I are the only two people who do so.  How many times can I say, NO SALE.

I voted for McClintock in the Freeper pole both times.  If asked by a poll, I would state that I am voting for McClintock.  I plan on pushing a McClintock victory as much as I can.  There is only so much we can do.  Is this beyond your ability to reason?

There are more dynamics at play here than just republican vs democrat this time.  With what we both acknowledge is a RINO in the mix, everything is wide open.

On this thread I've tried to explain that.  I've made a rational reasonable attempt to explain it to you and others, but you don't want to confront it.  Okay, don't.

There are things at play here that neither you and I wish for, want to support or feel comfortable supporting.  The fact still remains, on October 7th, if I have no other viable choice, I will vote for Arnold Schwarzenegger.

There is not one chance in this universe that I'll throw my vote away, or not make one, if it would facilite the election of Cruz Bustamante.

This isn't a personal grudge between you and I.  I'm not doing this out of spite.  I would love to see Tom elected.  What part of this are you incapable of understanding?

59 posted on 08/28/2003 11:14:20 AM PDT by DoughtyOne
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To: hoosierskypilot
That simply isn't true. Proposition 187 passed by a large margin. So did Propostion 209. There's another one, I think it was 27 that also passed.

Thank God for the initiative process in California. Without Conservative leadership from the Californai republican party leadership for the last fifteen years or so, Californians none the less propose and pass Conservative policy.

There are a lot of Conservatives in the state. There just aren't any Republican leaders to promote their cause. The compassionate conservative is their motto (in spirit). Now that is depressing, but it's simply not accurate to trash the states Conservative presence, simply because the republican party leadership has had it's head firmly implanted for the last 15 years or so.
60 posted on 08/28/2003 11:22:16 AM PDT by DoughtyOne
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