California Supreme Court Nixes Corporate Personhood "Advisory Measure" From November Ballot
California Supreme Court Nixes Corporate Personhood "Advisory Measure" From November Ballot
Saturday, 16 August 2014 12:34
By Brad Friedman, The Brad Blog | News Analysis
The "Overturn Citizens United Act", or Prop 49, will not appear on California's ballot this November after all.
As we reported in some detail last month, the unusual "advisory measure" was placed on the ballot very recently by the California state legislature. It called for Congress to "propose an amendment...to the United States Constitution" to overturn the infamous Citizens United decision and its progeny, and "to make clear that the rights protected by the United States Constitution are the rights of natural persons only."
But now, the state Supreme Court in California, dominated by 5 Republican appointees and 1 Democratic appointee, has intervened to remove the measure from this year's general election ballot, as the Sacramento Bee reports tonight...
The California Supreme Court on Monday effectively blocked a November advisory ballot measure on the merits of unlimited independent campaign spending, dashing some Democrats' hopes that the measure would boost voter turnout in what could be an otherwise staid election.
Approved by the Legislature early last month and grudgingly allowed to go on the ballot by Gov. Jerry Brown, Proposition 49 would have asked California voters if Congress should overturn the U.S. Supreme Court's controversial Citizens United ruling in 2010. The legislation's passage followed Capitol protests that triggered dozens of arrests.
But in siding with the Howard Jarvis Taxpayers Association, a 5-1 high court majority said it needs more time to consider whether the advisory measure can be placed on a California ballot.
The argument made by the rightwing Howard Jarvis group, and accepted by the state Supremes for now, is that the state Constitution does not allow for non-binding advisory questions on the ballot, but rather, only initiatives that will have the force of law if adopted by the electorate. .....................(more)
The complete piece is at:
http://www.truth-out.org/news/item/25624-california-supreme-court-nixes-corporate-personhood-advisory-measure-from-november-ballot