[EL] Gov. Brown signed the Calif. NPV bill today

[Scarberry, Mark]

In saying that the issue is justiciable, I meant that it is an appropriate issue for judicial consideration; per McPherson, the political question doctrine does not bar judicial consideration.

I think of ripeness and standing as separate questions.

McPherson was decided in October of 1892. It doesn’t seem that a challenge would have to await application of NPV in an election.

The plaintiffs in McPherson hoped to be chosen as electors. I think they were on a party’s slate of electors. Surely a party’s nominee also would have standing. Who else would have standing? A citizen of a state that had adopted NPV? A citizen of a state that hadn’t?

Mark S. Scarberry
Professor of Law
Pepperdine Univ. School of Law
Malibu, CA 90263
(310) 506-4667

From: Scarberry, Mark
Sent: Monday, August 08, 2011 3:25 PM
To: law-election at UCI.EDU
Subject: Gov. Brown signed the Calif. NPV bill today

http://gov.ca.gov/news.php?id=17160.

On to the next state battle, and eventually, it seems, to court. According to McPherson v. Blacker, the issue is justiciable.

Mark Scarberry
Pepperdine
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20110809/32bc9882/attachment.html>