Thirteen (!) California state ballot propostions for your perusal

It's that time again. California voters will receive our mail-in ballots this coming week. A responsible citizen therefore has to sort out a blizzard of direct democracy propositions and local ballot measures in order to cast a vote.

Frankly, as usual, many of these are things most of us should not be having to vote on; our elected leaders should sort out policy and take the consequences if we the people don't like the result. But people and causes with lots of money put their concerns on the direct ballot, and then it is our job to try to vote responsibly. Here I'll pass along how I come down on the state measures; your mileage may vary.

State Ballot Propositions

Prop. 1:  Authorizes $11 billion in bonds for housing affordability; it's always hard to tell whether anything real comes of these programs, but we have to try. YES

Prop. 2: Funds the State's "Rainy Day fund." State taxes bring in wildly different amounts year to year because some of our highest earners are gambling tech bros, financiers, and other inventing speculators. The Rainy Day fund enables the state to smooth out a wildly differing income stream. Voting for it feels like endorsing an undesirable boom/bust economy, but that is what California lives on. So YES.

Prop. 3: makes higher taxes on high income residents permanent to fund schools and healthcare. If we want a common good like education, we have to go where the money is -- and it is rich people that have it. The California Teachers Association came up with this plan. YES

Prop. 4: Allow state and local governments to establish public campaign funds. This is a good government measure, trying to reduce the dominance of big spenders in elections. The League of Women Voters and Common Cause like it. YES 

Prop. 5: Would reform the state's recall process so that if any office holder is recalled, the successor would be chosen in a separate election. Currently, choosing the successor is part of the recall itself; that's how we first got Arnold as governor. Recalls are messy money sinks, but this is probably a better process. Unenthusiasticaly, YES

Prop. 37: State loan program to help home buyers. Private enterprise isn't working? YES

Prop. 38: State bonds for cancer research funding.  This looks to be some particularly sympathetic researchers asking us to fund their work. The question why these folks and not others seems appropriate. I'm torn, but YES

Prop. 39: Require voter ID at polling sites. Californians get on the voting rolls by providing ID when they register. Why should everyone have to do that every time? This seems one more conservative effort to make voting harder for people who aren't good at navigating red tape. NO

Prop. 40: This would require the estimated 200 Californians whose net worth exceeded $1 billion at the start of this year to pay a one-time 5% tax. It was added to the ballot through the efforts of the union SEIU/Healthcare West. The establishment hates it. I suspect many people love it. Sure. Let's make 'em pay more. They have the money; too many of us don't. YES

Prop. 41:  This one is a poison pill which aims to undercut Prop.40's billionaire tax. It purports to limit everyone's taxes, but mostly aims to prevent the billionaires from having to pay up. NO

Prop. 42: Another poison pill aiming to kill Prop. 40's billionaire tax. This one reclassifies assets that would be used to calculate the taxable wealth under Prop. 40. Some very rich people don't want the Prop. 40 billionaire tax; as a result, you are voting on this. NO

Prop. 43: This would make it harder for cities and counties to raise local taxes by requiring a two-thirds affirmative vote rather than the current simple majority. The rich people want to put government out of business. Vote NO

Prop. 44: Seeks to ensure that community clinics spend ninety percent of their funds on patient care, not on administration or overhead. Proposed by the union SEIU/Healthcare West. Sure. Vote YES

I'll get to the local San Francisco measures (A through J!) in another post.

Can this legal system survive Trump?

Another day, another legal kerfuffle raised up by the Trump regime. Okay, I admit I probably read too many substacks written by lawyers. Naturally lawyers think legal proceedings are where it is at. For most of us, most of the time, there are plenty of other aspects of life of equal or greater importance -- perhaps whether the developing El Nino weather system is going to flood large parts of the California coastline this winter.

But like many others, I try to keep up with the legal deluge. This morning David Kurtz of Talking Points Memo laid out where he thinks we are; he's not optimistic about the courts as a defensive line against the authoritarian, but he tries to define what he thinks they can do -- which is more than nothing.

In the defining legal struggle of our time — whether the federal judiciary will sustain the rule of law long enough to preserve the essential core of a democracy for us to repair, rebuild, and re-enlarge after Trump II — the jury is still out.

Important developments in three different cases yesterday — the Alien Enemies Act, third-country deportations, and Trump’s collusive settlement with the IRS — point in very different directions.

On the face of it, not much unites the cases or offers a common theme or collective takeaway. But in stepping back and reviewing the last 20 months of Trump II legal battles, yesterday’s developments are datapoints in favor of a tentative working theory that appeals courts are slowly coming around to the urgency of the current moment.

In the first six months of Trump II, district judges were on their heels, caught off guard by the ferocity of the rampage against the rule of law and still tethered to old norms and expectations for the Justice Department that no longer held true. It was a brutal stretch of watching the Trump administration seize some key early wins and capture important legal ground.

After being collectively kicked in the teeth, district judges pretty quickly adjusted to the new reality — but appeals courts failed to back district judges in key respects, missed the urgency of the moment, and surrendered more ground to the lawlessness.

More recently, appellate judges have begun to turn, too. Two glimmers of hope yesterday came at the appeals court level, with the en banc D.C. Circuit looking poised to allow U.S. District Judge James Boasberg to resume his contempt of court inquiry in the original Alien Enemies Act case and the 11th Circuit handing Trump a loss in his bogus settlement with the IRS.

That still leaves the Supreme Court, which — with a few notable exceptions — has been Trump’s greatest enabler. It played true to form yesterday with an emergency intervention that will allow the administration’s brutal third-country removals policy to continue past the election and until it rules after oral arguments in December.

Unlike the lower courts, the Supreme Court will not eventually come around. While we’ve already seen examples — most prominently on tariffs, birthright citizenship, and the USPS mail-in ballots rule — of the Roberts Court refusing to endorse some of Trump’s worst excesses, the high court is too deeply compromised and its six-justice right-wing majority too invested in the GOP’s partisan fate to emerge as a reliable bulwark.

But the appeals courts may buy us some additional time by slowing the speed of the descent. 

Kurtz looks at reality unblinkingly in this. He neither dismisses legal struggle against fascism, nor puts excessive weight on what a democratic people under siege can win in the courts. Courts and the laws may not save us, but their work can set an honorable standard. They can impose friction on the authoritarian project. 

Besides, courts can avert some of the sheer cruelty of the Trump/Miller project. Erudite Partner and so many others work to accompany people trying to navigate the morass of immigration courts. There too winning time may all that can be achieved, but time can preserve human decency and even life.

And meanwhile, the anti-MAGA majority can work to stymie Trump in other arenas, most immediately in the November elections. We can do this. And then we rebuild and re-found this country.