Threat to Democracy in California

California Chief Justice Patricia Guerrero

One never knows until the ruling is issued, but so far the California Supreme Court appears reluctant to pull the tax initiative (discussed yesterday) from the November ballot: [bold added]

The state Supreme Court seemed reluctant Wednesday to grant Democrats’ request to remove from the November ballot a business-supported initiative that would require voter approval for any increase in state and local taxes or fees. But the justices appeared willing to put the tax-cut provisions on hold if the measure passes and then decide their legality.

As the hearing began, Chief Justice Patricia Guerrero asked a lawyer for Gov. Gavin Newsom and Legislative Democrats why the court should take the rare step of blocking the ballot measure “instead of allowing the voters to consider it.”

Justice Joshua Groban asked a similar question, and Justice Martin Jenkins said less-drastic actions were available, like a freeze on provisions that would slash government revenue. Justice Leondra Kruger noted that the court usually considers a ballot measure’s challenged sections individually rather than taking up the entire measure, and asked, “Why shouldn’t we do so here?”

Governor Newsom and the Democrats argued that the legislature's power to control taxation is in the California Constitution, and the people's ability to supersede the legislature through an initiative is therefore un-Constitutional.

Your humble blogger is not a lawyer or historian, but because California initiatives have been around since 1911, the constitutional arguments would seem to have been settled.

To be frank (and a little childish), I like seeing the single-party State squirm a little and, after denouncing Republicans as a threat to democracy, argue that the people should not have the ability to decide.