The rights stuff
Presented by Environment California
THE BUZZ: Nothing insures a right quite like putting it in the constitution.
Language in California’s governing document is supreme and intentionally difficult to change, requiring a higher signature threshold, or a two-thirds legislative vote, and then voter approval. Last year, Democrats reacted to a conservative Supreme Court nullifying abortion rights by asking voters to write reproductive autonomy into the constitution. They did so overwhelmingly — and in 2024 they could be asked to add a few bricks to that constitutionally protected wall. Let’s take a look.
EDUCATION: The newly circulating initiatives (There are three different versions.) appear quite simple: They would insert into the constitution a right to “high-quality public” schools or education. But there’s a history here that has labor and education policy players searching for an underlying agenda.
The measures are backed by Students Matter, an organization that championed a landmark lawsuit challenging teacher tenure. Supporters include former Los Angeles Mayor Antonio Villaraigosa, who has clashed with teachers’ unions and was charter schools’ preferred gubernatorial candidate, and National Parents Union’s Christina Laster, who has advocated for charter school access and rethinking school funding. Students Matter board member Jim Liebman told us the goal isn’t a specific policy outcome beyond forcing policymakers to preserve public schools by keeping kids in the system.
ORGANIZING: Speaking of union politics, labor heavyweights want a constitutional right to organize. The Legislature is already resolutely pro-union, but California Labor Federation leader Lorena Gonzalez said the leadership-backed SCA-7 is an act of “aggressive defense” against local ordinances and other threats. Gonzalez referenced old San Diego foe Carl DeMaio’s past effort to create a “Wisconsin of the West” by overhauling public pensions. Last cycle, venture capitalist Tim Draper floated a statewide initiative to effectively outlaw public-sector unions.
MARRIAGE: California has become a proudly pro-LGBTQ state in the 15 years since voters banned same-sex marriage. But advocates aren’t taking any chances with a Supreme Court that includes a justice who has openly mused about reversing marriage equality, pushing an Assembly constitutional amendment to erase the vestiges of Proposition 8. With more than half of sitting lawmakers signed on as coauthors of ACA-5, there’s a strong chance voters will get a say in 2024. Lawmakers are rallying in support on the West steps today.
HOUSING: Another development this week: The Assembly Housing Committee is set on Wednesday to hear a constitutional amendment cementing a right to housing. ACA-10 could hand the attorney general a legal hammer to wield on municipalities that aren’t working to get people off the streets. It’s also intended to convey a voter-approved sense of urgency for lawmakers to “set a timetable and enforcement mechanisms,” ACLU Cal Action Executive Director Carlos Marquez said.
FENTA-NO: This doesn’t quite fit the rights rubric, but Republicans are set to propose a constitutional amendment allowing homicide charges for repeat fentanyl dealers. The two-thirds threshold will be tough for them to clear, even with some moderate Democratic support — similar bills have already stalled this year.
BUENOS DÍAS, good Monday morning. Lawmakers are set to vet Gov. Gavin Newsom’s infrastructure-accelerating package in the Assembly Transportation Committee this morning. A Senate committee already voted against Newsom’s plan to rush changes through the budget as legislative Democrats negotiate a deal with the administration.
Got a tip or story idea for California Playbook? Hit us up at [email protected] and [email protected] or follow us on Twitter @JeremyBWhite and @Lara_Korte.
WHERE’S GAVIN? Nothing official announced.
QUOTE OF THE DAY: “State-sanctioned kidnapping is not a public policy choice, it is immoral and disgusting. We are a nation built by immigrants and we must condemn the cruelty and hateful rhetoric of those, whether they are state leaders or private parties, who refuse to recognize humanity and who turn their backs on extending dignity and care to fellow human beings.” Attorney General Rob Bonta on over a dozen migrants arriving in Sacramento, from Texas, with purported Florida documentation. His office is investigating.
WE’RE HIRING — POLITICO is embarking on an exciting expansion in the Golden State and looking for another journalist to join our growing team as a California Playbook author. More in the job description here.
California authorities say migrants flown to Sacramento have links to Florida, by POLITICO’s Gary Fineout: The latest flights could be considered political retaliation against Newsom, who has been a constant critic of Florida’s policies.
— “Celebs dodged millions in L.A.’s ‘mansion tax.’ Meet the industry guarding their wealth,” by the Los Angles Times’ Jack Flemming: “Even before voters passed the measure, bringing a 4 percent transfer tax on all property sales above $5 million and 5.5% on sales above $10 million in the city of L.A., attorneys and real estate agents began devising ways to shirk it.”
DRAPER DOLLARS — Speaking of Tim Draper, whose California political projects also included a failed initiative splitting up the state: The Silicon Valley conservative is backing Republican Nikki Haley for president and hosting her at a fundraiser later this month.
— “Kevin McCarthy’s first stop after debt limit vote: pricey S.F. fundraiser,” by the San Francisco Chronicle’s Joe Garofoli: “Hours after averting economic catastrophe with a vote to raise the country’s debt limit, Republican House Speaker Kevin McCarthy was in the deep blue Bay Area on Thursday for two high-dollar fundraisers. “
— “Employers and port officials say there have been work stoppages all along the West Coast. Longshore union denies concerted disruptions,” by the Los Angeles Daily News’ Donna Littlejohn: “Ongoing labor negotiations between longshore workers and employers at West Coast ports, including in Long Beach and Los Angeles, may have stalled again this week — though the two sides also seem to be at odds over the current state of the talks.”
TENDERLOIN TREATMENT — “S.F. police crack down on public drug use ahead of Mayor Breed’s command center targeting dealers,” by the San Francisco Chronicle’s Mallory Moench: “The mayor’s office said Friday that officers made 16 arrests for public intoxication related to drug use in the past few days.”
— “We cannot repeat failed war on drugs, but we must react to current fentanyl epidemic,” Compton Mayor Emma Sharif and Fowler Mayor Daniel Parra opines in The Sacramento Bee: “We are incredibly frustrated with the lack of concerted, swift action from the Legislature. Informational hearings are not a substitute for concrete action, and while lawmakers dither more Californians — including the youngest among us — die every day.”
ATHLETICS DEPT — “California moves toward the next college sports disruption: Sharing revenue with athletes,” by The Wall Street Journal’s Louise Radnofsky and Laine Higgins: “The institutions that control college sports view the California legislation as the most imminent threat yet to their vision of amateur athletics. College sports has been rocked by changes to rules that have undermined its longtime version of amateurism, which long involved awarding scholarships but prohibiting almost any other kind of payment to athletes.”
— “As his political career faltered, Nathan Fletcher had nearly $1 million in campaign cash. He still has options for how to spend it,” by The San Diego Union-Tribune’s Deborah Sullivan Brennan: “The former District 4 supervisor and state Senate candidate has time to decide how to use his remaining campaign money, including whether to support other candidates or seek to fund his own legal defense.”
— “California spent $17 billion on homelessness. It’s not working,” by The Wall Street Journal’s Christine Mai-Duc and Jim Carlton: “The number of homeless people in California grew about 50 percent between 2014 and 2022. The state, which accounts for 12 percent of the U.S. population, has about half of the nation’s unsheltered homeless, an estimated 115,000 people, according to federal and state data last year. It also has among the highest average rent and median home prices in the U.S.”
PRIVACY POWERS — “California’s digital privacy battle: It’s police vs. civil libertarians, with an abortion twist,” by CalMatters’ Kristen Hwang: “Law enforcement use of these warrants — also known as reverse keyword demands and geofence warrants — has become increasingly common but are controversial among civil liberties groups. They contend such warrants are unconstitutional and an invasion of digital privacy.”
— “‘California is meant to burn': Experts teach landowners art of prescribed burns,” by Reuters’ Nathan Frandino: “California last year launched a strategic plan for wildfire and forest resilience with the aim of expanding prescribed burns to 400,000 acres annually by 2025.”
— “ChatGPT took their jobs. Now they walk dogs and fix air conditioners,” by The Washington Post’s Pranshu Verma and Gerrit De Vynck: “Those who write marketing and social media content are in the first wave of people being replaced with tools such as chatbots, which are seemingly able to produce plausible alternatives to their work.”
— “Fight erupts at anti-Pride Day protest outside L.A. school where trans teacher’s flag was burned,” by the Los Angles Times’ Summer Lin, Andrew J. Campa and Howard Blume.
— “Sacramento jails violate consent decree, fail to observe suicidal inmates, grand jury says,” by The Sacramento Bee’s Theresa Clift.
— “How ‘ghost students’ are applying to colleges to steal financial aid,” by the San Francisco Chronicle’s Nanette Asimov.
SUNDAY: Meta’s Ryan Daniels
SATURDAY: Steve Leder ... Jason Moss ... Eric Schmeltzer ... Lauren Becker
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