The Crocodile in the Bathtub for the California Supreme Court – Proposition 8

The Crocodile in the bathtub?

“It is a time of lots of crocodiles in the bathtub,” said Santa Clara University law professor Gerald Uelmen, who has followed the court for decades. “Their oath requires them to ignore these kinds of political threats. But the threat of having to face a contested election is a significant one.”

Uelmen used a metaphor coined by California Supreme Court Justice Otto Kaus, a Democrat who served on the court after voters recalled Chief Justice Rose Bird and two other justices who had voted against death sentences.

Kaus later said that, as hard as he tried to decide cases impartially, he was never sure whether the threat of a recall election — “the crocodile in the bathtub” — was influencing his votes.

“It was like finding a crocodile in your bathtub when you go to shave in the morning,” Kaus said. “You know it’s there, and you try not to think about it, but it’s hard to think about much else while you’re shaving.”

You bet.

Yes on 8 proponents will NOT say it because they do not feel it is in their best interests to attempt to intimidate the California Supreme court but Flap will. Those Justices that vote to overturn Proposition 8 WILL be recalled and stand for election in June 2010 (a primary election where the turnout is lower and decidely more conservative).

Difficult to do, you ask?

No, the million of signatories of the original Proposition 8 petition will be rounded up and the donors will pony up again for the campaign. Flap does not doubt there will be additional California Constitutional amendments restricting the jurisdiction of the California Supreme Court as well.

Stay tuned……

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