Articles Posted in California Supreme Court

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A proposed referendum in this case would require the electorate to decide at the November 2012 general election whether to accept or reject the California state Senate district map certified by the Citizens Redistricting Commission. If the referendum qualifies, the state Senate map certified by the Commission would automatically be stayed, presenting the question of what Senate districts should be used for the 2012 primary and general elections of the State. The Supreme Court held (1) if the proposed referendum qualifies for the November 2012 general election ballot and triggers a stay of the Commission's certified Senate district map, the Commission's state Senate map should be used on an interim basis for the June and November 2012 elections, pending the outcome of the referendum; and (2) if the proposed referendum does not qualify for the ballot, the Commission's state Senate map will continue to be used for the 2012 election and future elections until replaced pursuant to Cal. Const. art. XXI by new maps drawn by a future newly constituted Commission following the 2020 census. View "Vandermost v. Bowen" on Justia Law

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This case arose from litigation challenging the validity, under the United States Constitution, of the initiative measure (Proposition 8) that added a section to the California Constitution providing that "[o]nly marriage between a man and a woman is valid or recognized in California" (Cal. Const., art. I, section 7.5). The Ninth Circuit posed the following procedural issue to the court, "[w]hether under article II, section 8 of the California Constitution, or otherwise under California law, the official proponents of an initiative measure possess either a particularized interest in the initiative's validity or the authority to assert the State's interest in the initiative's validity, which would enable them to defend the constitutionality of the initiative upon its adoption or appeal a judgment invalidating the initiative, when the public officials charged with that duty refused to do so." In response, the court concluded that when the public officials who ordinarily defended a challenged state law or appealed a judgment invalidating the law declined to do so, under article II, section 8 of the California Constitution and the relevant provisions of the Election Code, the official proponents of a voter-approved initiative measure were authorized to assert the state's interest in the initiative's validity, enabling the proponents to defend the constitutionality of the initiative and to appeal a judgment invalidating the initiative. View "Perry v. Brown" on Justia Law