Government
May 21, 2011
California’s Living Originalism
Interpreting voters' intent, what the state Supreme Court is doing wrong. By Michael Boardman of Loyola Law School
Back in January, a California Court of Appeal sided with one of California's most influential special interests, the Howard Jarvis Taxpayer Association, and overturned the state Legislature's ability to draft language for the titles and summaries that explain legislative initiatives on state ballots.
The decision itself is not necessarily a surprise. Titles of initiatives are supposed to be impartial descriptions, yet the Le...
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