Ted Costa: State high court throwing out Prop. 8 sure to lead to recall effort

[Mugu]

signonsandiego.com

The California Supreme Court's surprising announcement that it will quickly review the legality of
Proposition 8, banning gay marriage, has prompted growing speculation that the four judges who found a right to gay marriage in the state Constitution in a May ruling will quickly throw Prop. 8 out. If that happens, watch out for a "barn-burner of an election -- the biggest thing this state has ever seen," says recall election guru Ted Costa.

Costa says he's already been contacted by some of the folks who would seek to recall Ronald George, Joyce Kennard, Kathryn Werdegar and Carlos Moreno if Prop. 8 is scrapped. He thinks it's premature and risky because talk of a recall "would just (bleep) off the judges."

Costa also doesn't sound like he's too thrilled about such a recall, saying it wouldn't be "healthy." Citing all the financial turmoil in California, he said, "If someone's going to do some recalling, that should be the focus."

But Costa sounds certain such a recall would happen and agreed that it would be no problem at all for gay marriage opponents to quickly gather the signatures of 12 percent of the electorate to force a recall election targeting George, Kennard, Werdegar and Moreno. He said supporters of Prop. 8 such as the Knights of Columbus, the Mormon Church and other traditional religious groups all had "massive" resources to bring to bear.

http://weblog.signonsandiego.com/weblogs/afb/archives/029060.html">Complete article

[bluestateguy]

1. I remember what happened to Rose Bird

It was the first election I was old enough to remember and sort of understand.

But in this case, it might just be worth it to call the Right on their chest thumping.

[Warpy]

2. Bankrupt the Mormons. Bankrupt the K of C

Bankrupt all the churches that lined up to pass this horrible thing.

Then defeat it.

[JustFiveMoreMinutes]

3. Let It Be! Show up the ones who do not support the US and state constitutions!

[Johonny]

4. Time to start taxing those massive resources then

Knights of Columbus, the Mormon Church and other traditional religious groups all had "massive" resources to bring to bear

If they got that much money they can waste it on pointless crap, I 'd say it's time to tax them

[CatholicEdHead]

5. Major waste of money by the K of C

[Tempest]

6. You can't recall an appointed judge

State supreme justices are not an elected position.

Costa is an idiot.

[Gormy Cuss]

7. CA justices are appointed but must be reconfirmed in subsequent general elections.

As such, they are subject to recall under CA law. Justice Rose Bird was recalled as stated above.

[Tempest]

9. When was the last time a supreme court justice was reconfirmed?

I must not have been paying attention to it.

[Gormy Cuss]

12. I'm thinking there was one in 2006, but my memory may be faulty on that

because there were appeals or superior court races that year.

According to this link, the interval is 2 years after the appointment and then every 12 years. IIRC the newest justice came on board under Davis therefore all have been elected and all could face recall.

http://ballotpedia.org/wiki/index.php?title=California_Supreme_Court


edit: oops, Schwarzenegger has appointed one.

[hvn_nbr_2]

13. Ever hear of Rose Bird? nt

[LeftHander]

8. That is a threat....nt

[Tempest]

10. Three of the four justices were appointed by Republican governors

Ronald George - Pete Wilson

Joyce Kennard - George Deukmejian

Kathryn Werdegar - Pete Wilson

Carlos Moreno - Gray Davis

[Neshanic]

11. Bring it on.

[trashcanistanista]

14. Exactly

Bring it fucking on. Bastards. We will mobilize and bury them once and for all. They are stepping into unreligious territory and should go down for it.

[brooklynite]

15. How is overturning Prop 8 possible (legally) in California Courts?

Setting aside the idiocy of stripping civil rights from anyone, the voters of California amended their Constitution. I can see where the Federal Courts could argue that the Constitutional provision was in violation of a Federal Civil Rights provision, but I can't see how you make a state-based argument that a Constitutional Amendment is unconstitutional.

[Tesha]

17. It's not at all clear that a simple 50.0001% majority can vote to strip a right from people.

That's one avenue of attack.

A second is that the new amendment conflicts with the much-older
principle of "equal protection under law" and *ONE* of those ideas
*MUST* yield to the other lest there be a conflict written into the
Constitution.

Tesha

[msanthrope]

16. Ronald George?? The guy who refused to let prosecutors throw

the Hillside Stranglers case???? He a conservative, and a good guy.

I wouldn't screw with him. He's no Judge Bird......

[TexasObserver]

18. If the Cali Supreme Court finds the resolution failed to meet requirements of law ...

... the recall will not undo that.

Even if the recall is successful, there have to be new elections, new judges, a new resolution passed, and a new ruling that the prior ruling was in error.

I'll take that.