Thursday, September 6, 2018

Told you so

[City Attorney of San Diego] Elliott recently petitioned the court to rehear the case, saying the justices failed to consider Sanders’ First Amendment rights. Although the city raised First Amendment arguments at every stage of the legal proceedings and the Court of Appeal justices concluded that Sanders’ support for pension reform was protected speech, the Supreme Court justices simply ignored the constitutional issue in overruling the Court of Appeal. Silence, however, does not overrule the U.S. Constitution.Elliott is correct to seek a rehearing. The issue is too important. Her petition is a prerequisite to seeking review by the U.S. Supreme Court. And that’s where this issue should be decided.
The Cal Supremes are simply spouting the union line, not a real lawyer among them.  So we go to the US Supremes.  California politicians and their 'law by fiat' system is incompatible with US federal rights.  They fucked this up, and they know it.

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