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November 24, 2010
A Pleasant Surprise and some Interesting Possibilities
The close race between Steve Cooley and Kamala Harris to become California’s next Attorney General ended suddenly when Cooley conceded, well before December 3rd deadline, that Harris had amassed an insurmountable lead.Depending on how Harris interprets her mandate, the implications could be very significant for arrestees already in the system on charges related to Proposition 215 offenses. One of the anomalies still unresolved by either the California or federal Supreme Courts is the liability people who might be charged by either “sovereign” (because both governments are arguably "sovereign").
Another potential stumbling block is the fact that Proposition 215 has been allowing practices specifically prohibited by a Federal law that could itself easily be interpreted as a violation of the Tenth Amendment.
Federal and State issues aside, if Harris were simply to exercise the AG's responsibility to see that the state's laws are "uniformly enforced," it would be a huge improvement over the chaotic standards in effect since 1996.
Doctor Tom
Posted by tjeffo at November 24, 2010 11:23 PM