Date: December 14, 2021
Contact: Geoff Vetter (916) 634-9051

ICYMI — Legal Scholar on Superior Court Prop 22 Ruling 

“The ruling makes the people subordinate to the Legislature. It puts drastic limits on the people’s right of initiative.”

Sacramento, CA – In a recent op-ed, Anthony Caso, Senior Legal Fellow at the Claremont Institute and clinical professor of law at Chapman University’s Fowler School of Law, warned that – unless reversed – the Superior Court judge’s ruling in the Prop 22 case could greatly undermine the people’s initiative powers:

“The real problem with the court’s ruling is that it means that future initiatives cannot deal with a subject in a comprehensive fashion. It means that the courts will force voters to solve problems on a piecemeal basis – even when that problem is a single piece of legislation with which the people happen to disagree.”

Caso explained that not only was the judge wrong about the single issue principle, but he also misinterpreted the constitution of California by limiting citizens’ rights and increasing the power of the Legislature.

From Caso’s op-ed in The Orange County Register:

  • “Proposition 22 was written to restore the flexibility drivers enjoyed as independent contractors by overturning Assembly Bill 5.”
  • Fifty-nine percent of voters voted in favor of Proposition 22 because it fully overturned Assembly Bill 5. That was the single issue voters wanted to achieve.
  • In addition to a trial court’s misconceptions about the “single-issue” principle, he also misinterpreted the constitution of California. The ruling makes the people subordinate to the Legislature.  It puts drastic limits on the people’s right of initiative. It converts the Legislature into rulers and makes the people mere subjects.
  • “The trial court’s ruling has been appealed. Hopefully, the appellate courts reviewing this decision will spend some time with the California Constitution. Article II, section 2 tells us that “all political power is inherent in the people.” Power does not reside in the government. It is the people who are the sovereigns. The Legislature serves us, not the other way around.”

About Protect App-Based Drivers & Services (PADS) Coalition

The Protect App-Based Drivers & Services (PADS) coalition, formerly the Yes on Prop 22 coalition, is continuing to engage to ensure the will of California voters is upheld; to protect access to independent, app-based jobs; and to preserve the availability, affordability, and reliability of on-demand app-based rideshare and delivery services that are essential to Californians and our economy.

Proposition 22 was supported by 59% of California voters, 120,000 drivers, and a diverse coalition of more than 140 groups including social justice, senior, community, business, veterans, and many others.


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