Partners in crime

Nov 19, 2008

"Gov. Arnold Schwarzenegger opened his international climate change summit yesterday by upstaging himself with an even bigger political star – President-elect Barack Obama," reports the AP's Samantha Young.

 

"Gov. Arnold Schwarzenegger said at his conference yesterday that states, provinces and countries can cut emissions by forming partnerships."

 

Kind of ironic for the governor to talk about forming political partnerships, don't you think? Hey, maybe these outlying provinces will cast some votes to raise California's taxes... 


"Schwarzenegger, a Republican whose efforts to combat global warming in California have generated worldwide acclaim, wants to show that governments can balance environmental protection and economic growth. He hopes his summit will influence negotiations over a new climate treaty during a U.N. gathering in Poland next month.

"In a taped message to participants, Obama said his administration is committed to a cause that has all but languished at the federal level during the administration of President Bush."

 

The Chron's Bob Egelko looks at the legal argument behind the challenges to Proposition 8.  "The central issue in the legal battle over Proposition 8 is whether the voter-approved ban on same-sex marriage is a state constitutional amendment, which can be passed by initiative, or a constitutional revision, which can't.

"From another perspective, the question is whether the scope of a minority group's rights in California should be decided by the voters or the courts.

"The state Supreme Court may decide today whether to dismiss or grant review of six lawsuits challenging Prop. 8, approved with a 52 percent majority on Nov. 4.

"It's the same court that ruled 4-3 on May 15 that the California law defining marriage as the union of a man and a woman violated fundamental rights of gays and lesbians under the state Constitution: the right of equal treatment and the right to marry the partner of one's choice.

"The legal controversy now is much different. Rather than considering the constitutionality of prohibiting same-sex marriage, the court would decide whether inserting that prohibition into the Constitution was such a basic change that it amounted to more than an amendment.

"Since California voters adopted the initiative process in 1911, they have been allowed to amend their Constitution by submitting a certain number of signatures and approving the change by a majority vote. A constitutional revision, on the other hand, can be placed on the ballot only by a two-thirds vote of the Legislature or a new constitutional convention, both unlikely routes for a future Prop. 8.

"Historically, the odds are against the challengers of Prop. 8's constitutionality. The court has allowed some ground-breaking constitutional changes to become law by initiative - the Proposition 13 tax limitations, restoration of the death penalty, legislative term limits and a pro-prosecution overhaul of evidence rules - and declared only two measures to be constitutional revisions." 

 

Meanwhile, if the court nullifies Proposition 8, would the justices face a threat from the voters in 2010?

 

The LAT's Maura Dolan writes: "[O]pponents of gay marriage have warned that they will work to oust any justice who votes against Proposition 8, a threat particularly palpable in a year when voters in other states have booted six state high court justices after campaigns by special interest groups.

"'It is a time of lots of crocodiles in the bathtub,' said Santa Clara University law professor Gerald Uelmen, who has followed the court for decades. 'Their oath requires them to ignore these kinds of political threats. But the threat of having to face a contested election is a significant one.'

"The official Proposition 8 campaign has discouraged supporters from threatening a recall while the court is considering lawsuits to overturn the measure.

"'We think the discussion of a recall at this point is premature and not helpful to the current situation,' said Andrew Pugno, a lawyer for the campaign. 'The court should have a chance to do the right thing.'

"But if the court voted to overturn Proposition 8, "no one would be able to stop" a recall, he said."

 

The Merc News's Mike Zapler writes that it is unclear what the Legislature will be voting on in its session on Sunday.

"Technically the special session expires at the end of November, but legislative leaders have set Sunday as the working deadline to vote on a budget package. Absent a breakthrough this month, Schwarzenegger could call another special session on the budget immediately after the new class of legislators officially takes office in December, traditionally a quiet time in the Capitol.

"The basic political dynamic that caused a record-long impasse over the state budget last summer — Republicans blocking any new taxes, and Democrats vowing to protect services from deep spending cuts — has not changed. Even so, Schwarzenegger is expected to gather with the Democratic and Republican leaders this morning, after more than three hours of talks on Monday.

"'We're committed to making a dent in this problem with this Legislature and not waiting until Dec. 1,' Darrell Steinberg, the incoming Democratic Senate leader, said after Monday's negotiations. But asked if he knew what legislators would be voting on Sunday during the scheduled floor sessions, he said, 'We definitely don't know yet.'"

 

It's actually just a rouse called by Karen Bass, who's just venting because her fantasy football team is doing so poorly this year.

 

"Assembly Republican leader Mike Villines of Fresno had a less encouraging take after the meeting. "Sometimes lateral movement is progress," he said. Because tax increases require a two-thirds vote, Schwarzenegger needs at least two GOP senators and six Assembly members to get his tax proposals through the Legislature."

 

Meanwhile, not everyone will be at the Capitol for Sunday's session.

 

"More than a dozen state lawmakers have missed much of the special legislative session called to tackle the state's fiscal mess, instead traveling to India, China and Hawaii to learn about education, high-speed rail and dams," reports Matthew Yi in the Chron.

"The legislators include Sen. Denise Moreno Ducheny, D-San Diego, who chairs the Senate Budget Committee, and several Assembly Budget Committee members who missed a hearing on the crisis on Friday. At least two of the lawmakers are not expected to return by Sunday's planned floor sessions of the Senate and the Assembly, their staff members said.

"'Obviously, they're not taking the problem (the state's budget mess) as seriously as the rest of us,' said Barbara O'Connor, director of the Institute for the Study of Politics and Media at Sacramento State University. 'It's an acute financial situation for the state. I wouldn't be out of the country when I'm supposed to be solving this problem.'

"Senate President Pro Tem Don Perata, D-Oakland, decided to allow his members to go on their planned trips because budget negotiations are being handled by legislative leaders, said his spokeswoman Alicia Trost, adding that Perata would require them to return for a floor vote.

"'These trips are important in maintaining relationships,' Trost said. 'Other countries send delegations to California all the time, and it would be respectful for us to also send a delegation.'"

 

Maintaining relationships for who?  Many of the members traveling are termed out.

 

Yi lists Bob Huff and Ira Ruskin as two members not planning to be back for Sunday's session.  That makes it eight Assembly Republican votes Karen Bass needs to pass anything needing two-thirds.

 

The Bee's Buzz column reports: "The latest tally for emergency firefighting costs in California has reached nearly $305 million, while state leaders planned for only $69 million in the September budget, according to Department of Finance spokesman H.D. Palmer. In light of the state's fire costs, Gov. Arnold Schwarzenegger likely will seek a fee that raises homeowner insurance rates when he proposes his next budget in January, said spokesman Aaron McLear."

 

Dan Walters looks at the return of talk about creating a split roll property tax.  "A consortium of business and anti-tax groups called "Californians Against Higher Property Taxes" is sufficiently worried that it commissioned a lengthy study, co-authored by former Legislative Analyst William Hamm, refuting the claim of a business property advantage and declaring that a split roll would erase about 150,000 jobs by raising business costs and discouraging investors.

"Those who worry about a split roll worry most about Gov. Arnold Schwarzenegger's blue-ribbon commission on overhauling California's tax system, although any proposals to raise taxes would have to obtain two-thirds votes in the Legislature (another Proposition 13 provision) or approval from the state's voters.

"There is a theory kicking around that by a simple majority legislative vote and a governor's signature, a quasi-split roll could be implemented, changing the definition of property ownership changes to include instances in which more than 50 percent of a corporation's stock had been traded. So far, however, Democratic legislators have been unwilling to test the theory by actually passing a bill."

 

"At Cal State headquarters in Long Beach on Tuesday, students, faculty members and staff staged a rally protesting proposed cuts in the system's budget and enrollment. Several hundred participants waved signs and shouted, "Save our education!," report Seema Mehta and Gale Holland in the Chron.

"Speakers described a budget-strapped system that is already in disarray, with students being forced to stand or perch on window sills in stuffed classrooms, and unable to graduate because classes have been dropped or severely curtailed.

"'In our school right now, you can't start an art program because the art department stopped Drawing I, and it's required,' said Sonoma State freshman Kia Kolderup-Lane, a liberal studies-political science double major who is interning for the California Faculty Assn. 'It's like cutting the head off a snake. It doesn't work.'

"'We're not fighting for just ourselves, we're fighting for the people who don't get in' to Cal State, said Tony Snow, 23, a history major at Humboldt State. 'I have nieces and nephews I'd like to see go to Cal State.'

"Lillian Taiz, president of the faculty association, called the enrollment reduction proposal "hideous" but added that the system can't go on cutting classes and other essential services while admitting the same number of students."

 

Matier and Ross report:  "Just two months after taking the job, Shawnda Westly - the $145,985-a-year Sacramento pro brought in to charge up the second term of San Francisco Mayor Gavin Newsom - is out the door.

"Westly, former political director of the California Professional Firefighters Association, was brought in by former Newsom press swami Peter Ragone as part of the team to burnish up the mayor's accomplishments for his upcoming run for governor.

"At least, that was the plan.

"'In my short term here, I quickly learned that this position is not fit for me, neither personally or professionally,' Westly said in her three-sentence resignation letter."

 

And we know what you all are thinking: I wonder what Alan Keyes is up to these days. Well, funny you should ask. Apparently, he's filing suit in California court implying Barack Obama is not a U.S. citizen.

 

Guess he's still upset about that 43-point schalacking Obama gave him in 2004.

 

"According to a press release from the American Independent Party, former presidential candidate Alan Keyes and other members of the party have filed suit in California Superior Court in Sacramento to stop the state from giving its electoral votes to President-elect Barack Obama until documentary evidence is provided to prove Obama is indeed a natural born citizen of the United States. A copy of the writ can be found here."

 

Meanwhile, the Roundup has reviewed Keyes' birth certificate, and confirmed that he was, in fact, born on Jupiter.