Now that the Supreme Court of California is inundated with requests to take up the several worthwhile challenges to Prop 8, the forces behind inequality have issued the ultimate threat to the sitting Justices: recall.
Civil rights groups, churches and local governments have filed six lawsuits asking the court to declare the measure an illegal constitutional revision. Letters also have poured into the court pleading for urgent action, and anti-Proposition 8 rallies have attracted large crowds statewide.
At the same time, opponents of gay marriage have warned that they will work to oust any justice who votes against Proposition 8, a threat particularly palpable in a year when voters in other states have booted six state high court justices after campaigns by special interest groups.
The California Supreme Court has previously taken up the question of whether initiated propositions are not amendments but "revisions" to the constitution -- and six times ruled against those attempting to stop the amendment from taking effect. In only two cases did the "revision" argument being made by Prop 8 opponents succeed. But should the sitting Justices be inclined to view the revocation of a fundamental right (marriage) from a suspect class (same-sex couples) as a "revision" to our constitution and therefore only possible by a 2/3rds vote of the legislature prior to a popular vote, the forces behind Prop 8 have issued the ultimate threat: recall.
The official Proposition 8 campaign has discouraged supporters from threatening a recall while the court is considering lawsuits to overturn the measure.
"We think the discussion of a recall at this point is premature and not helpful to the current situation," said Andrew Pugno, a lawyer for the campaign. "The court should have a chance to do the right thing."
But if the court voted to overturn Proposition 8, "no one would be able to stop" a recall, he said.
So they are discouraging their crazy supporters from talking about it, but "no one would be able to stop" it. Sounds like a recall threat to me.
Crossposted at FireDogLake Campaign Silo