Measure R Dodges Another Bullet
Though I'm not wild about the approach, it's actually pretty normal for a judicial proceeding. The logic is as follows:
If the voters reject Measure R, then the Court need not decide whether it was legal.
If instead the Court of Appeals removed Measure R from the ballot, and the Supeme Court found later that Measure R was actually proper, then the voters would have been deprived of the opportunity to vote on it, thereby either necessitating an expensive special election, or precluding voters from extending the term limits of those Clowncil Members coming up for re-election in March 2007.
Personally, I would have preferred that the Court rule on the merits. Having seen Judge O'Brien in action myself -- I tried a case before him -- I'm confident he analyzed the issue correctly and reached the right result.
Anyhow, please do go and vote "no" on Measure R and Measure H.
Labels: proposition r