Friday, August 21, 2009

The Con-Con Makes The New Yorker

Here is Hendrik Hertzberg's "Talk of the Town" piece about our ungovernable state and the proposals for a constitutional convention.

Thursday, August 20, 2009

Court of Appeal Issues Palma Notice in Line Item Veto Case

The Court of Appeal has issued a "Palma notice" in the line item veto case (here). This is a formal indication that the court (but need not) issue a formal ruling in the case.

The Governor Meets With Proponents Of A Part-Time Legislature

The San Francisco Chronicle reports here. Here is a link to the text of the initiative.

Wednesday, August 19, 2009

The Los Angeles Times On Reform Proposals

This article from the Los Angeles Times summarizes the competing proposals to reform California government. It also mentions a circulating initiative to return California to a part-time Legislature. Would the cure be worse than the disease?

Sunday, August 16, 2009

California Forward's Proposals To Revise The California Constitution

Here's a different approach than the con-con, a set of proposals from a business-backed group called California Forward to revise the California Constitution. The proposals are discussed in this article from the Sacramento Bee. Other than a requirement that new funding sources be identified for new programs, and perhaps a two-year budget cycle, there's not much here to warm the hearts of Republicans or conservatives. So this proposed revision probably wouldn't get the two-thirds vote of the Legislature necessary to put it on the ballot. And you couldn't put it on the ballot by initiative, because (a) a measure with all these changes would probably fall afoul of the single subject rule; and (b) it would be a revision of the constitution, which you can't do by initiative. So it's hard to see where this is headed. If they can't get the Legislature to pass it they would have to split it up into several measures, which is expensive and changes the political dynamic considerably.

Tuesday, August 11, 2009

Steinberg Files Line-Item Veto Lawsuit

Here is the story from the Sacramento Bee. Here is the San Francisco Chronicle story, by Bob Egelko, which adds that the case has been assigned to Judge Peter Busch, a former partner of mine who is now one of the two law and motion judges in the San Francisco Superior Court. Here is a copy of the petition itself (thanks to Robin Johansen, petitioner's counsel, for sending it along).
ps. Here is an article analyzing the politics of the lawsuit.
pps. Another lawsuit has been filed challenging the line item vetoes in the Court of Appeal in San Francisco. Here is the petition and here are the exhibits; and here is a link to the docket for that case.

Monday, August 10, 2009

The Administration Defends The Line Item Vetoes

The Los Angeles Times has posted this article by Andrea Hoch, the Governor's Legal Affairs Director, and Jennifer Rockwell, the chief counsel for DOF. And, more generally, the Times also reports on the recent rise in budget-related litigation here.