This panel will focus on what effect the United States Supreme Court’s holding that initiative proponents lack standing to defend initiatives that the Governor and Attorney General will not defend will have on California’s initiative process in general. What are the pros and cons of the initiative process as a matter of public policy? Do government lawyers (and politicians) have an ethical obligation to defend laws they do not agree with, especially those passed via citizen initiative?
- Rick Hasen, Chancellor’s Professor of Law and Political Science, University of California, Irvine.
- Dan Kolkey, Gibson Dunn & Crutcher
- Justin Levitt, Loyola Marymount University
- Kenneth Miller, Claremont McKenna, and Author, Direct Democracy and the Courts
- Moderator: Judge Sandra Ikuta, U. S. Court of Appeals, 9th Circuit
Luncheon Address: An Interview with Former U.S. Attorney General Ed Meese
12:15 p.m. – 2:15 p.m.
- Edwin Meese III, Former U.S. Attorney General
- Interviewer: Hon. Carlos T. Bea, United States Court of Appeals, 9th Circuit
Supporters of Proposition 8 have invoked NAACP v. Alabama to support their claims for anonymity, citing fears of intimidation and discrimination because of their opposition to same-sex marriage. How much transparency is needed when it comes to donors and supporters of contentious political issues? Is a signature on a petition deserving of a different degree of privacy than a financial contribution? Do different levels of support deserve different degrees of scrutiny? Or, as even Justice Scalia declared in oral arguments in Doe vs. Reed, is a certain amount of “civic courage” needed when taking a public stand on an issue? Do threats of harassment or even violence trump the need for transparency and disclosure? What are the repercussions for the First Amendment and direct democracy? How much privacy should be offered in ballot measure disclosure systems?
Paul Avelar, Institute for Justice
Manny Klausner, Reason Foundation
Peter Scheer, First Amendment Coalition
Hans von Spakovsky, The Heritage Foundation
Moderator: Hon. Carolyn Kuhl, Superior Court of California for the County of Los Angeles