Saturday, October 10, 2009

Remember When There Were Actually Republicans Like This?

Via NYT: In a rare public rebuke of state government and policies delivered by a sitting judge, the chief justice of the California Supreme Court scathingly criticized the state’s reliance on the referendum process, arguing that it has “rendered our state government dysfunctional” and cited Proposition 8 as a prime example of the abuse.

In remarks prepared for a speech Saturday before the American Academy of Arts and Sciences in Cambridge, Mass., the chief justice, Ronald M. George, a Republican appointed by Gov. Pete Wilson in 1991, denounced the widespread use of the referendum process to change state laws and constitutions. And he derided California as out of control, with voters deciding on everything from how parts of the state budget are spent to how farm animals are managed. In May 2008 the Supreme Court struck down the state’s statutes limiting marriage to opposite-sex couples, with an opinion written by Justice George citing a 1948 decision that reversed the state’s interracial marriages ban. But in the November elections that year, a ballot measure known as Proposition 8 amended the constitution to override the court.

Citing a successful ballot initiative that same Election Day that regulated the confinement of fowl in coops, Justice George said, “Chickens gained valuable rights in California on the same day that gay men and lesbians lost them.” He added, “The court over which I preside frequently is called upon to resolve legal challenges to voter initiatives. Needless to say, we incur the displeasure of the voting public when, in the course of performing our constitutional duties as judges, we are compelled to invalidate such a measure.”

Bring on the constitutional convention!

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