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DISTRICT UPDATES: 

  • BOE4 (South): added James G. Stieringer (R)
  • CA44 (Carson): added Compton mayor Aja Brown (D)
  • CA51 (E. San Diego/Imperial): added retired Marine Juan Hidalgo (R)
  • CA53 (San Diego): added business consultant Brett Goda (R)
  • SD40 (S. San Diego): added Luis R. Vargas (R)
  • AD14 (Concord): added student Aasim Yahya (D)
  • AD32 (Kings): added Hanford councilmember Justin Mendes (R)
  • AD36 (Palmdale): changed from Likely Republican to Leans Republican
  • AD36 (Palmdale): added Diedra Greenaway (D) 
  • AD37 (Santa Barbara): removed Ronda Baldwin-Kennedy (R)
  • AD53 (Downtown LA): added small business owner Rae Henry (D)
  • AD55 (Yorba Linda): added real estate agent Melissa Fazli (D)
  • AD55 (Yorba Linda): added businessman Scott M. Lebda (R)
  • AD58 (Downey): added Bell Gardens councilmember Pedro Aceituno (D) - correction
  • AD58 (Downey): added senior legislative deputy Friné Medrano (D)
  • AD63 (Lakewood): added documentary producer Adam J. Miller (R)

Two big elections updates today. First, AD36 (Lancaster/Palmdale) has another Democratic challenger to Assemblymember Tom Lackey (R)--Diedra Greenaway (D). She was running for CA25, but DCCC was trying to narrow the number of Democrats challenging Steve Knight (R), and local Democrats wanted an alternative to Steve Fox (D) to challenge Lackey as Fox has been subject to significant harassment and other employment discrimination settlements paid for by the taxpayer from his two years in the Assembly. 

The other is found in CA44 (Carson), where Compton mayor Aja Brown (D) entered the race, challenging Congresswoman Nanette Barragán (D). The third candidate running in the district is actress Stacey Dash (R) who starred in Clueless (1995).

Brown is African-American, Barragán is Latina, and Dash is mixed race. If you're familiar with the region, that makes the politics very complicated. Likely anticipating an announcement by Brown, Barragán released a list of 16 endorsements from the Congressional Black Caucus today, including from Senators Kamala Harris and Cory Booker and Congresswoman Karen Bass, who represents a nearby district. 

I'll be preparing a more detailed discussion on this race for Nooner Premium (hopefully by Thursday), but I need to turn my attention to the lawsuit filed by the U.S. Department of Justice to block new California laws. Below the jump...

 

Classifieds below:

  • Education: Pepperdine Masters of Public Policy (GRE waived for legislative staffers)
  • Education: UOP/McGeorge School of Law: MPP/MPA (full-time or part-time, 3 miles from the Capitol)
  • Job: The California Dental Association seeks full-time Associate Legislative Advocate
  • Job: Probolsky Research - Research Analyst - Public Opinion (Orange County)
  • Job: SEIU-UHW – Regional Political Organizer (Los Angeles)
  • Job: SEIU-UHW -- Political Capacity Organizer (Los Angeles)
  • CA School Boards Association – Public Affairs and Community Engagement Representatives (Bay Area, LA North East, Orange, San Bernardino, San Joaquin North)
  • Training: PDI (Political Data Inc.): weekly online trainings of various skill levels   

 

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Upward Mobility at Cal State LA

 

Happy humpday. In law school, midway through your 2L year, most law school students celebrate the "over the hump" mark of being halfway through law school. At noon today, I hope we can say we're over the hump of this work-week and find relief thereafter. First it was the Nunberg meltdown, then Cohn's departure, and today (technically last night), the U.S. Department of Justice lawsuit against the State of California over immigration enforcement, and Friday's candidate filing deadline to challenge incumbents. I don't know if this week can handle much more. 

Oh, I didn't even mention The Bachelor scandal. I don't watch it, but it lit up Twitter more than The Oscars did.

When I agreed a few weeks ago to speak to a coalition of East Bay economic development officials representing government, business, labor, education, and nonprofit organizations, I thought I'd just be talking about budget and politics and a few predictable legislative issues. And then, around 6pm PST last night the U.S. Department of Justice filed a lawsuit in the U.S. District Court for the Eastern District of California in Sacramento as U.S. v. Brown to block parts or all of the following three bills (with very abbreviated blurbs...I'll be reading after my talk this morning.

  • AB 103 - imposes state inspection of federal immigration detention facilities
  • AB 450 - prohibiting employers from voluntarily sharing information on employees with federal immigration officials without a court order and requires notice to employees whose information is to be shared with federal officials
  • SB 54 - prohibits state and local law enforcement officials from sharing information with federal immigration officials when releasing a person in custody that they believe may be subject to deportation

The response last night was predictably partisan, as were the votes on the final version of SB 54. This will be decided, however, in the courts. The legal conclusions are not as black and white as what partisans may jump to. Constitutional Law professors everywhere are likely debating this today. It's one of those days I wish I was back in law school. 

I'll be talking to some of my ConLaw professor friends to get their take but, like me, we just saw the complaint and, of course, without any legal response from the defendant(s) (it's still unclear who is named). 

It will not be decided soon. This is very likely heading to the Supreme Court of the United States (SCOTUS). Likely, it will start in Sacramento, and then to the "notoriously liberal" Ninth Circuit Court of Appeals, and then to SCOTUS. It will likely take a couple of years, but it will be front and center in the political world until then--dragging through this year's mid-term elections and possibly even the 2020 presidential campaign. 

More after the jump...

Probolsky Research

 

PLENARY POWER VS. RESERVED POWERS OF STATES? AND, A HISTORICAL NOTE:

The case's lead plaintiff is the United States of America, with the Justice Department led by Attorney General Jeff Sessions, who is a Republican from Alabama.

The Department of Justice will be arguing federal supremacy under the Rule of Naturalization (Article I, §8), while the defendants will argue that state and local law enforcement is under Reserved Powers clause (Tenth Amendment). 

Sixty-four years ago, a former Republican California governor was the chief justice of SCOTUS, when Earl Warren authored the unanimous decision in Brown v. Board of Education, providing state laws establishing separate public schools for black and white students were unconstitutional.

This led to the collossal segregation showdown in 1963 at the University of Alabama, where Democrat George Wallace stood at the entrance of the University of Alabama to block the entrance of black students.

Both Jeff Sessions and George Wallace received law degrees from the University of Alabama, although the political parties have flipped. 

Brown was decided on Equal Protection grounds--clearly a plenary power. The case in front of the courts in U.S. v. Brown will be whether the explicit plenary power of the federal government to establish a Rule of Naturalization supersedes, for the purposes of implementation, the powers otherwise reserved to the states that are not enumerated in the Constitution, such as the regulation of state and local policing.

Clearly, California can't create a non-federal port on the beaches of Santa Cruz to decide who "comes in" under a Golden State immigration law, as that violates a Plenary Power. Must it also use state and local policing (a Reserved Power) in the execution of immigration enforcement after legal entry through federal ports (visa overstays) or illegal non-ports (border crossings)?

That's the fundamental and fascinating question, with strong arguments on both sides. Of course, I could predict the vote of SCOTUS today, but we have a long legal process ahead of us.

Obviously, I've only read the federal complaint and the State of California is now on the clock with 21 days for the next move.

Grab your popcorn.

#CAKEDAY: Happy birthday to Paul Bauer, Assemblyman James GallagherJordan Marks and Elizabeth Mooney-McGuirk!

 


 

 

CLASSIFIEDS

Add your classified of up to 100 words by emailing scott@scottlay.com for $40/week.
 
  • SEIU-UHW – Healthcare Justice Phone & Digital Campaign Coordinator (Oakland, Los Angeles or Sacramento)
    This position will develop the union’s technological and human capacity to use the phone bank to contact and build relationships with hundreds of thousands of voters, healthcare workers and patients to win 2018 candidate races, ballot initiatives, political pressure, organizing and bargaining campaigns. Your work will contribute to the growth of our member leadership, our union, and the labor movement. It will transform the resistance into the revolution. The Healthcare Justice Phone and Digital Campaign Coordinator works closely with the political, data, technology and field teams but reports directly to the Healthcare Justice Campaign Director. For more information on the position and to apply please visit our candidate portal at seiuunitedhealthcareworkers.appone.com/.

  • Probolsky Research - Research Analyst - Public Opinion (Orange County)
    Can you research and write like a journalist and edit like an English teacher? Are you hyper-focused on the details? Do you have superpowers when using Microsoft Excel, Power Point and Word? The Research Analyst is responsible for facilitating market and opinion research projects (both qualitative and quantitative) from proposal development to project fulfillment, through to final research deliverables. About Probolsky Research: We are market and opinion researchers with corporate, election, government and non-profit clients. We are passionate about accuracy, data security and brining numbers alive through dynamic presentations and storytelling. Details at: www.ziprecruiter.com/jobs/probolsky-research-eeb2d5f1/research-analyst-public-opinion-f222e60c or email a cover letter and resume in one PDF document to jobs@probolskyresearch.com.

  • GRE waived for qualifying government & legislative staffers to apply to the Pepperdine School of Public Policy’s Master of Public Policy program, considered the most unique policy graduate program in the country. Specialization tracks, including State & Local Policy, allow students to personalize their policy studies. Current State & Local Policy courses include, “Advanced Topics in Politics and Budgeting,” “Public Policy for Criminal Justice, Cannabis, and other Drugs,” “Permissions Development and the Environment,” and “Leadership through Public Engagement.” Find out more about this Top 10 in the West/Top 5 in California MPP program located in Malibu: publicpolicy.pepperdine.edu/masters-6/
  • The McGeorge School of Law, University of the Pacific, in Sacramento offers the Master of Public Administration (MPA) and the Master of Public Policy (MPP) degrees to both full-time students and those earning a professional degree while working. Just three miles from the Capitol, our focus on the interconnections of law, policy, management, and leadership provides unique competencies for your success. Students gain a foundation knowledge of statutory interpretation and regulatory processes critical to modern governance. Learn more at go.mcgeorge.edu/publicpolicy and sign-up for an information session or webinar, or contact us at publicpolicy@pacific.edu.
  • The California Dental Association, an innovative membership-based organization that’s committed to the success of dental professionals, seeks full-time Associate Legislative Advocate to work in Sacramento office. To learn more about working at CDA, visit www.cda.org/careers

    This position: www.cda.org/AboutCDA/CareersatCDA/tabid/99/uc/info/ItemID/4803/Default.aspx

  • SEIU-UHW – Regional Political Organizer (Los Angeles)
    This position is responsible for a broad range of program objectives to build and strengthen our infrastructure and engage our members to be a powerful force at their worksites, in the legislative process, in the community and at the ballot box. Proven track record is a must. Competitive salary and excellent benefits. For more information on the position and to apply please visit our candidate portal at http://www.aroundthecapitol.com/r.html?s=n&l=http://seiuunitedhealthcareworkers.appone.com/.

  • See Your Future Differently from Here with a Master of Public Policy degree from the Pepperdine School of Public Policy. Overlooking panoramic views of the Pacific Ocean from Malibu, our unique policy graduate program melds quantitative analysis with political philosophy, applied history, constitutional law, and strategy to prepare policy leaders for an impactful and successful career in the private sector, non-profit arena, and government service. Standardized test admission requirement is waived for legislative staffers. Learn more at publicpolicy.pepperdine.edu/masters-6/.

  • SAC LGBT COMMUNITY CENTER - Resident house manager (Sacramento)
    The Resident House Manager is responsible for all aspects of resident supervision in the transitional living program for LGBTQ youth (18- 24) victims of crime. This includes supervising resident activities, maintaining a safe and supportive atmosphere, ensuring residents adhere to programs rules, and complete their chores. The Resident House Manager lives on site at the house with residents and will be provided with a private room. This position reports to the Youth Programs Manager and works in partnership with other programming staff and stakeholders as well as directly with community members of diverse backgrounds. This position is a live-in position. The working hours will be 6 days a week generally from 6 to 10 p.m with limited on-call status. This is a part-time, non-exempt position.
    [More info]
  • SEIU-UHW -- Political Capacity Organizer (Los Angeles)
    This position is responsible for a range of program objectives to build and strengthen our infrastructure and engage our members to be a powerful force at their worksites, in the legislative process, in the community and at the ballot box.  Proven track record is a must.  Competitive salary and excellent benefits.  For more information on the position and to apply please visit our candidate portal at seiuunitedhealthcareworkers.appone.com.
  • CA School Boards Association – Public Affairs and Community Engagement Representative (Bay Area)
    This position serves as CSBA’s liaison to local school and county boards of education, key decision-makers and the community-at-large, and is responsible for implementing CSBA’s grassroots program, establishing relationships, and facilitating local and regional outreach and activation efforts. Communicates about issues in education that require familiarity with educational laws, regulations and trends. Executes grassroots strategies designed to build relationships with, train, support and mobilize local school board members and communities to advance CSBA’s legislative and statewide ballot measure advocacy priorities. Coordinates and executes fundraising events. BOE. Details:

    www.csba.org/About/Careers/PublicAffairsCommunityEngagementRepresentative_BayArea.aspx
  • CA School Boards Association – Public Affairs and Community Engagement Representative (LA-North East) This position serves as CSBA’s liaison to local school and county boards of education, key decision-makers and the community-at-large, and is responsible for implementing CSBA’s grassroots program, establishing relationships, and facilitating local and regional outreach and activation efforts. Communicates about issues in education that require familiarity with educational laws, regulations and trends. Executes grassroots strategies designed to build relationships with, train, support and mobilize local school board members and communities to advance CSBA’s legislative and statewide ballot measure advocacy priorities. Coordinates and executes fundraising events. BOE. Details:

    www.csba.org/About/Careers/PublicAffairsCommunityEngagementRepresentative_LANorthEast.aspx
  • CA School Boards Association – Public Affairs and Community Engagement Representative (Orange) This position serves as CSBA’s liaison to local school and county boards of education, key decision-makers and the community-at-large, and is responsible for implementing CSBA’s grassroots program, establishing relationships, and facilitating local and regional outreach and activation efforts. Communicates about issues in education that require familiarity with educational laws, regulations and trends. Executes grassroots strategies designed to build relationships with, train, support and mobilize local school board members and communities to advance CSBA’s legislative and statewide ballot measure advocacy priorities. Coordinates and executes fundraising events. BOE.

    Details:www.csba.org/About/Careers/PublicAffairsCommunityEngagementRepresentative_Orange.aspx 
  • CA School Boards Association – Public Affairs and Community Engagement Representative (San Bernardino) This position serves as CSBA’s liaison to local school and county boards of education, key decision-makers and the community-at-large, and is responsible for implementing CSBA’s grassroots program, establishing relationships, and facilitating local and regional outreach and activation efforts. Communicates about issues in education that require familiarity with educational laws, regulations and trends. Executes grassroots strategies designed to build relationships with, train, support and mobilize local school board members and communities to advance CSBA’s legislative and statewide ballot measure advocacy priorities. Coordinates and executes fundraising events. BOE. Details:

    www.csba.org/About/Careers/PublicAffairsCommunityEngagementRepresentative_SanBernardino.aspx
  • CA School Boards Association – Public Affairs and Community Engagement Representative (San Joaquin North) This position serves as CSBA’s liaison to local school and county boards of education, key decision-makers and the community-at-large, and is responsible for implementing CSBA’s grassroots program, establishing relationships, and facilitating local and regional outreach and activation efforts. Communicates about issues in education that require familiarity with educational laws, regulations and trends. Executes grassroots strategies designed to build relationships with, train, support and mobilize local school board members and communities to advance CSBA’s legislative and statewide ballot measure advocacy priorities. Coordinates and executes fundraising events. BOE.

Details: www.csba.org/About/Careers/PublicAffairsCommunityEngagementRepresentative_SanJoaquinNorth.aspx

 

 

TOP HEADLINES ON AROUNDTHECAPITOL.COM AS OF 12:00PM
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The Justice Department plans to file suit against California, seeking to invalidate a state law that administration officials say interferes with the enforcement of federal immigration law. It's the most direct challenge yet by Trump administration officials to California's policies.

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Fatima Salem giggles with hesitation when it's her turn to drive through a small parking lot lined with bright orange cones and arrows. Like millions of Saudi women, she plans on applying for a driver's license when the kingdom lifts its ban on women driving in June. But first, she has to learn how to drive.

A Fight Simmers In The Bay Area Over Protecting The Privacy Of Immigrants Here Illegally
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The police revealed no criminal charges from the August incident. Instead, two Guatemalan brothers were questioned on civil immigration violations, and one was detained for weeks, according to court records and interviews with residents.

Are Most Sacramento Public Restrooms Closed At Night? The City And Homelessness Advocates Disagree. - Capradio.org
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In Immigration Speech, Jeff Sessions Scolds California: â
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The attorney general announced a suit claiming the state’s immigrant-protection laws violated federal law, while Gov. Jerry Brown struck back in his own appearance.

Teen Who Escaped Perris Home Posted Videos On Youtube Under An Alias
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One of 13 children who were found living captive in a Perris home in January posted videos of herself inside the home before the siblings were rescued, according to a new report.

Former Director Senate Fellows Program Leaves Job At Sac State | The Sacramento Bee
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Farmers File Formal Complaint Against Oceanside Ag Initiative Backers - The San Diego Union-tribune
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Controversial Facility For Federal Inmates Approved For This Sacramento Neighborhood | The Sacramento Bee
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The Sacramento City Council approved a controversial service and counseling center for former federal inmates in South Sacramento on Tuesday, denying the appeals of residents who said the facility would threaten the safety of nearby neighborhoods and hinder development in an economically-depressed area of the city.