Wednesday, December 06, 2023

AN INTERESTING PIECE OF POSSIBLE PRIOR RESTRAINT

By Bob Walsh

 

 OmiB91 / FlickrCalifornia Supreme Court

 

The Supreme Court of the formerly great state of California is going to hear a really interesting case today.  The Democrat-Socialists want the court to pull a ballot initiative off the ballot because it scares them shitless.

The initiative, which will (may) be on the November ballot, requires a 50% + 1 vote of the people in addition to the current 2/3 vote of the legislature to approve ANY tax increase.  The Democrat-Socialists are asserting that this is such a sweeping proposal that it constitutes a "revision" of the state constitution, which can not be done by initiative.  It is not a completely bullshit position. A revision requires the approval of 2/3 of the legislature BEFORE the item hits the ballot.

Back in 2018 the court pulled an initiative off the ballot that would have split the state into three pieces.  

The item under consideration would be retroactive to 2022.  If successful this would hit 15 pieces of state law and at least 130 local actions.  

It will be real interesting to see what shakes out.  The cite is Legislature v. Weber, S281977

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