Tuesday, November 3, 2009

Will A Criminal Justice Initiative Ever Fail To Satisfy The Single-Subject Rule?

Probably not, under Manduley v. Superior Court, 27 Cal. 4th 537 (2002), which upheld the constitutionality of Prop. 21. (I filed an amicus brief on behalf of the ACLU in Manduley.) It certainly won't be Proposition 83, which was upheld against a single-subject challenge in People v. Rotroff (here). Indeed, the appellant conceded that all the provisions of the measure "relate broadly to sex offenses." The court had little difficulty finding no constitutional violation.

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