Padilla v. Lever Continues….

In my LA Times oped from earlier this week, I urged the Ninth Circuit to reconsider its opinion in Padilla v. Lever, or at least indicate that the ruling does not extend to recall and initiative petitions filed at the time of the court’s decision. Orange County has now filed a petition for rehearing en banc (I have the file, but it is too large to post), and Real Parties in Interest have filed a motion to petition for rehearing as well, making some very interesting arguments in their proposed petition about the Zaldivar case relied upon by the panel in Padilla. You can find that proposed petition here.

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