Memorandum to Jerry Brown and the Unions
No, it’s not the events in Wisconsin (although that should serve as a wake up call). Rather it’s the legal memo detailing why repeal of the EZ is illegal. Essentially, repeal of the EZ violates the Contracts and Due Process clause of the California and U.S. Constitutions. The memo’s conclusions are that repeal:
- Constitutes “bait and switch” taxation
- Violates the U.S. and state Constitutions
- Would subject the state to refund claims that nullify the proposed budget savings
- Invites legal action to enjoin repeal
- Subjects local governments to taxpayer lawsuits; and
- Endangers California’s bond rating which could be downgraded
The memo is well researched and convincing. I hope Brown’s camp is enjoying reading it as well.
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