The Mudcat Café TM
Thread #61801   Message #1021199
Posted By: NicoleC
18-Sep-03 - 01:48 AM
Thread Name: Anyone Here for California Governor?
Subject: RE: Anyone Here for California Governor?
Well, I'd agree entirely that CA would be mostly better off without the US government, but state constitutions are subservient to the US Constitution and have been since the Civil War. The federal courts do have jurisdiction under current law; some may disagree with that being the case (and I'd lean in that direction myself), but that is not a point of law in question. The equal protection clause is a superior law to the CA recall election law, so when they conflict, the superior law takes precedence.

I think, given the choices, the Appeals Court made a wise decision. It was not a decision that CA Supreme Court could make, because they are mandated to consider the CA Constitution primarily. Probably the best indication that it was fair is that neither side got 100% of what they wanted. After reflection, I suspect the the US Supreme Court will refuse to hear the case. They've covered it quite clearly very recently, and there is no overriding federal issue that would suggests it merits special treatment.

But we shall see...