Quote:
Originally Posted by TripletDaddy
I always get a kick out of the whole "will of the people" emotional gibberish.
Judges overturn things all the time. That is part of their job.
By definition, appellate courts are there to overturn things (also to uphold them).
The Yes camp uses that phrase to imply that the judges had no legal authority to make their decision, and that it was made unilaterally.
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WHen I read the opiniion it ididn't strike me as a great example of reasoned jurisprudence. It seemed very political. You are, of course, correct, that court's overturn things all the time, but amending the constitution is also a legitmate response to a court doing so.
Indeed, amending the california constution is ridiculously easy. It is unlike the federal consitution and is now abotu the size of a phone book.