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Yesterday Justice Kathryn Mickle Werdegar announced her intent to retire from the California Supreme Court, effective August 31, 2017. We wish her a happy retirement. Bob Egelko at the San Francisco Chronicle wrote a good overview of Justice Werdegar’s major contributions to the law. So instead of focusing on her substantive legal work, we looked at the effect this retirement will have in the broader context of gubernatorial appointments. Since 1934, the only way to become a SCOCA justice is to be appointed by a governor and confirmed by the Commission on Judicial Appointments; after appointment, justices stand for uncontested...

Federalism allows state courts to disagree with their federal counterparts. Some say that this principle of state sovereignty is now more important than ever. We say that, as a design feature intended to protect individual liberty, federalism is always important. Today we consider this question: “What can a state high court do when it disagrees with federal precedent?” The answer is always the same: rely on the state constitution as may be appropriate. Overview The federalist design of this country’s system for integrating fifty-one governments is based on the theory that dual sovereignty will better protect individual liberty by empowering...

The California Supreme Court Historical Society is hosting an event to celebrate the publication of Constitutional Governance and Judicial Power: The History of the California Supreme Court. The event is Tuesday 15 November, 5:00 to 7:30 p.m. in the Milton Marks Auditorium at 455 Golden Gate Avenue in San Francisco. 5:00 – 6:00 panel discussion with Chief Justice Cantil-Sakauye and former Chief Justice George 6:00 – 7:30 reception with drinks and snacks Click here to register!

Registration is now open for the California Constitution Center’s conference on the California Supreme Court. Click here to register. Visit the conference page for more information. There are only 200 tickets available, and this event always sells out, so don’t delay!  

This week an LA Times article described a recurring problem in the relationship between SCOCA and the Ninth Circuit. The issue concerns the brevity of SCOCA orders denying state habeas petitions. When those cases reach the Ninth Circuit, that court must determine the basis for the SCOCA ruling: specifically, whether the petition was denied as untimely. According to the article, SCOCA decides most such petitions “with one-paragraph summary rulings that frustrate federal judges who later are asked to review them.” The issue stems from the SCOTUS decision in Harrington v. Richter (2011) 562 U.S. 86, holding that the prohibition in...