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JONES v. BATES

No. 97-15914.

127 F.3d 839 (1997)

Bill JONES, Secretary of the State of California, Defendant-Appellant, and Peter F. Schabarum; Lewis K. Uhler, Intervenors-Appellants, v. Tom BATES; Edward H. Lyman; Richard D. Lewis; Lawrence J. Buchalter; Jonathan Browning; Rachel Sherman, Plaintiffs-Appellees, and NATIONAL TAX LIMITATION COMMITTEE; Alliance of California Taxpayers & Involved Voters, Intervenors, v. Bill JONES, Secretary of the State of California, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 7, 1997.

Attorney(s) appearing for the Case

Einer Elhauge, Harvard Law School, Cambridge, MA; Daniel E. Lungren, California Attorney General, Sacramento, CA, for defendant-appellant Bill Jones.

Anthony T. Caso, Pacific Legal Foundation, Sacramento, CA, for intervenors-appellants Peter F. Schabarum, et al.

Joseph Remcho, Remcho, Johansen & Purcell, San Francisco, CA, for plaintiffs-appellees Tom Bates et al.

Stephen J. Safranek, University of Detroit Mercy School of Law, Detroit, MI, for amicus curiae U.S. Term Limits.

Before: SNEED, FLETCHER, and REINHARDT, Circuit Judges.

REINHARDT, Circuit Judge:

This case involves a deep and seemingly intractable conflict between principles at the heart of our representative government: the right of the people to choose whom they please to govern them, and the authority of a state to determine the structure of its political system. It also raises the novel question whether, when the people vote on an initiative measure that, if enacted, would severely limit a fundamental, constitutional right, they...

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