The “California rule” — which holds that the terms for public employee pensions that are in place the day a worker begins his or her government career cannot be reduced unless the worker is given a comparable increase in other benefits — has long been an established precedent in state courts.The legal analysts points out that courts just make shit up in California,. but that extends up to the Supreme Court.
But should it be? A 2011 analysis by law professor Amy Monahan noted the rule was established by court decisions, and concluded that it was an infringement on legislative power. In August, a state appellate court also ruled that pension benefits were not “immutable,” citing a 1977 California high court ruling that found a public employee “does not have a right to any fixed or definite benefits but only to a substantial or reasonable pension.”
Under California divine rule, once we vote to give up democracy, its gone. There is no due process any more in the Federal system, Sotomayor destroyed that. California has no legal basis to change, except by vote, and that vote has been quashed by divine rule, a tautology, we are frigged out here.
No comments:
Post a Comment