Our Day “in” Court

Last night we had an incredible Recall event at the El Dorado County fairgrounds with 500 people. You can get a sense of the amazing energy in this video.

But next Tuesday is the day we’ve been waiting for. At 9:30 AM, James Gallagher and I will face off with Newsom’s attorneys before the Court of Appeal. Unfortunately, the oral argument will be virtual (so much for your day in court), but the upside is you can watch live here.

As something of a prelude, this week we presented our legislation to stop social media censorship. The big tech companies were there at the Capitol in opposition. The bill passed the Assembly Judiciary Committee on a 7-2 vote. Who were the two no votes? Me and James.

That’s right, we voted against our own bill. That’s because the majority amended it on the fly to do the opposite of what we wanted, with the committee chair suggesting there needs to be more censorship. You can see my response to him here.

We tried to make reasoned arguments, but in a Legislature controlled by Special Interests, that counts for nothing. It’s like walking into an American store and trying to pay with a pocketful of Euros; at the California Capitol, logic and reason are simply not an accepted currency.

But in the courts, it’s supposed to be different. Logic and reason are supposed to be the only accepted currency. That’s why the U.S. Supreme Court has struck down Newsom’s disgraceful attacks on religious liberty five times.

We’ll now see whether this is true of the California judiciary. We were extremely disappointed when the Court of Appeal pressed pause on the trial court’s injunction last November. We had warned: “This Court should not, for the first time in our state’s history, give a nod of judicial approval to unilateral executive lawmaking.” But it did just that.

On the other hand, the court declined Newsom’s request for an immediate reversal, instead setting up a full-blown briefing. The three Justices have now digested our preliminary and full oppositions, Newsom’s main brief and reply, and the briefs of 8 amicus curiae.

I remain hopeful that the strength of our civic institutions will win out. Even if this court rules against us, we can appeal to the state supreme court. And in any case, the people of California will soon have their say at the ballot box.

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