Author: California Constitution Center

SCOCA Conference 2022 complete agenda

SCOCA Conference 2022 complete agenda

Friday June 10, 20229:00am to 4:15pmBroadcast live from the California Supreme Court conference center. Click here to register! Program outline 9:00 – 9:55 Chief Justice Tani Cantil-Sakauye keynote. A discussion on the pandemic’s effects on the judicial branch, the Judicial Council’s efforts to continue providing access to justice, and the successes and lessons of remote appearances that should continue to improve courthouse availability. We will discuss how the pandemic’s lessons about conducting government remotely can improve civic engagement and access to the governing process. 10:00 – 10:55 David Ettinger and David A. Carrillo will review the court’s major decisions in...

A hypothetical California constitutional right to reproductive liberty

A hypothetical California constitutional right to reproductive liberty

Overview The document below is the hypothetical text of a possible California constitutional amendment and potential proponent’s argument, as an academic example of the sort of action that California’s legislature could, in theory, take if it wished. California Constitution Center fellows developed this after a conversation with Lieutenant Governor Eleni Kounalakis as an academic thought problem in the hypothetical case of a U.S. Supreme Court decision that removed federal constitutional protection for abortion. No one knows for sure if or when that might happen, so this is only one possible academic approach to what is at present a purely hypothetical...

Event announcement: SCOCA Conference 2022

Event announcement: SCOCA Conference 2022

Friday June 10, 20229:00am to 4:00pmBroadcast live from the California Supreme Court conference center. Click here to register! The California Constitution Center presents its conference on the California Supreme Court, in partnership with: Institute of Governmental Studies, Citrin Center, Bar Association of San Francisco, Alameda County Bar Association, California Academy of Appellate Lawyers, Hastings Law Journal, Santa Clara Law Review, UC Davis Law Review, San Diego Law Review, and California Law Review. This free event is eligible for six hours of MCLE credit.

California Constitution Center turns 10

California Constitution Center turns 10

Dear California: What a decade it’s been since John Yoo, Danny Chou, and David Carrillo forged the California Constitution Center in April 2012: no one foresaw a pandemic, Trump, a gubernatorial recall, and a European land war. Despite it all California still stands, and the center abides. In the center’s first decade we worked hard to build a body of knowledge, contribute to the law, and participate in policy debates. Our res gestae: A casebook 188 blog articles 64 moots 50 opinion editorials 47 fellows 25 classes 15 journal articles 15 conferences and events Five amicus briefs We did work...

SCOCA year in review 2021

SCOCA year in review 2021

Overview Our review of the California Supreme Court year in 2021 will focus on the court’s immediate future, and we see two possible viewpoints there. From one perspective the court is in harmony, with only incremental changes on the horizon. We still see no evidence on the current court of the partisan behavior that characterized voting patterns in its past, consensus continues to dominate, and there is no evidence of a Brown versus senior justices split. Yet from another perspective the court is primed for change, and that potential for change is our primary concern here. Analysis The court’s performance...

A profile of California Supreme Court Justice Leondra Reid Kruger

A profile of California Supreme Court Justice Leondra Reid Kruger

Overview In this article the California Constitution Center evaluates Justice Leondra R. Kruger’s record on the California Supreme Court. We searched for evidence of partisan behavior, and focused on defining her alignment and orientation. We conclude that Justice Kruger is the median justice on a court that is closely aligned within a narrow band on the spectrum of possible orientations. We see no evidence of partisan ideology or voting behavior by Justice Kruger, who instead proceeds from a neutral approach that produces equivalent proportions of relatively liberal and conservative results. And we maintain our view that the current California Supreme...

Recall reforms analysis

Recall reforms analysis

Together with recall expert Joshua Spivak and other colleagues, the California Constitution Center presented the attached analysis of the various pending recall reform proposals to the joint California legislative committee hearing on October 28, 2021.

Religious exemptions may spark a revolution

Religious exemptions may spark a revolution

Overview Religious exemptions to mandatory vaccination programs may spark a revolution in religion jurisprudence. Existing U.S. Supreme Court religion doctrine should disfavor religious exemptions: under Employment Division v. Smith, a religious belief does not excuse compliance with neutral laws of general application.[1] And some state constitutions (like California’s) arguably bar giving religious individuals or organizations a benefit (like vaccination exemption) that is unavailable to others. But three factors may force an evolution here: federal law will not permit inquiry into sincerity; several high court justices seem ready to overturn Smith; and after Espinoza v. Montana state constitutions now arguably can’t...

Two upcoming recall events

Two upcoming recall events

California Votes: The Effort to Recall Governor Gavin Newsom Friday, September 10, 2021 12:00pm to 1:00pm Zoom Webinar Registration link: Webinar: California Votes: The Effort to Recall Governor Gavin Newsom “Post-Mortem” Should the Recall be Recalled or Reformed? Friday, September 24, 2021 4:00 to 6:00 Zoom Webinar Registration link: Webinar: Recall Post-Mortem Should the Recall be Recalled or Reformed?