CA Justice Carlos Moreno Announces Retirement

Justice Carlos Moreno, 62,

Oh No! One of my heroes, California Supreme Court Justice Carlos Moreno, announced today that he is retiring from the California Supreme Court. Moreno, 62, was appointed to the court by Democratic Governor Gray Davis in October 2001. He is most well-known for being on the short list for President Obama's first Supreme Court justice pick to replace David Souter in 2009. Before that, Justice Moreno was in the 4-3 majority which legalized marriage equality in California in May 2008 and the sole dissenter in May 2009 when the California Supreme Court upheld Proposition 8 in a 6-1 decision under state law.

Equality California put out a statement praising Justice Moreno for his service and calling on Governor Jerry Brown to appoint an LGBT replacement:

“Justice Moreno has a long and very distinguished record of public service.  He took an unequivocal stance on the judicial branch’s moral responsibility to protect minorities. During his nine-year tenure, he has been a champion of equal protections for lesbian, gay, bisexual and transgender Californians, and he will leave behind an honorable legacy with his staunch commitment to uphold justice, fairness and equality.

“Governor Brown is now presented with a unique opportunity to make history by appointing the first openly lesbian, gay, bisexual, or transgender judge to the state’s highest court, and we urge him to consider nominating an openly LGBT judge to fill the vacancy.” 

There are only three known out state Supreme Court justices nationwide, 2 in Oregon and one in Colorado.
With Moreno's departure California's 7-member highest court will have no Latino or African-American members, but will have 3 Asian members (Chin, Cantil-Sakauye, Kennard), and 4 women (Cantil-Sakauye, Corrigan, Kennard and Werdegar).

MadProfessah Endorsements for CA's November 2, 2010 General Election

Finally, the moment you have been waiting for!  Here are MadProfessah's positions on how I will be voting in the November 2 Statewide General Election, compared with endorsements from other organizations like the Los Angeles Times, Calitics.com, CA Democratic Party, Los Angeles County Democratic Party, Stonewall Democratic Club (LGBT group), CA League of Women Voters and Courage Campaign's Progressive Voter Guide. Previously, I had posted my endorsements for the June 8, 2010 primary election.

Proposition        ME   LAT  CALITICS CA DEM LA DEM LWV
19 (Marijuana)     YES   NO    YES    ---    YES   ---
20 (Redistricting) NO    YES   NO     NO     NO    NO
21 (State Parks)   YES   NO    YES    YES    YES   ---
22 (Local Funds)   NO    NO    ---    NO     NO    ---
23 (Suspends AB-32)NO    NO    NO     NO     NO    NO

24 (Ends Tax Cuts) YES   NO    YES    YES    YES   YES

25 (Majority Vote) YES   YES   YES    YES    YES   YES

26 (2/3 Fee Vote)  NO    NO    NO     NO     NO    NO

27 (Undoes Prop 11)YES   NO    YES    YES    YES   NO

Statewide Races          ME         LA TIMES DEMOCRATS
Governor                 Brown      Brown    Brown

U.S. Senator             Boxer*     Boxer*   Boxer*
Lieutenant Governor      Newsom     Newsom   Newsom
Attorney General         Harris     Cooley   Harris
Secretary of State       Bowen*     Bowen*   Bowen*
Treasurer                Lockyer*   Lockyer* Lockyer*

Controller               Chiang*    Chiang*  Chiang*
Insurance Commissioner   Jones      Jones    Jones   
Supt. of Public Inst.    Torlakson  Aceves   Torlakson

Bd. of Equalization, #1  Yee*       ---      Yee*    

Bd. of Equalization, #2  ---        ---      Parker

Bd. of Equalization, #3  ---        ---      Christian-Heising

Bd. of Equalization, #4  ---        ---      Horton*  

Jerome Horton is an African-American incumbent, but when he was in the state legislature he was an unreliable vote on LGBT issues. He has since tried to make amends, but MadProfessah can not in good conscience endorse him, although I will note that the Stonewall Democrats have.

There are several judicial races on the ballot for which it is often hard to get information on.

Other Races                ME        LA TIMES        DEMOCRATS
CA Sup. Crt. Chief Justice ----      Cantil-Sakauye

CA Sup. Crt. Justice       Moreno    Moreno          Moreno

CA Sup. Crt. Justice       ----      Chin            ---

Superior Court, No. 28     Ameli     Hammock         Ameli

Superior Court, No. 117    Schneider Schneider       Schneider

L.A. County Assessor       Noguez    Yong            
Noguez 
     

Additionally, every Court of Appeals Justice and three State Supreme Court justices are up for re-election (or re-appointment). The Los Angeles Times basically says that every incumbent justice is worthy of re-election. However, Justice Carlos Moreno is the only State Supreme Court justice that thought Proposition 8 violated the state constitution. Ming Chin was in the minority of the 2008 In Re Marriage Cases decision and should NOT be re-appointed. Tani Cantil-Sakauye is Governor Schwarzenegger's nominee to replace Chief Justice Ron George; if approved she'll be the first female and Phillipine-American to head California's highest court. Since we know so little about her, I can't support voting to confirm her. I think it's silly that George didn't wait until the new Governor to be elected  before retiring earlier this year anyway.

There are numerous openly LGBT people running for elected office. John Noguez for Los Angeles County Assessor. In statewide legislative districts there is Ricardo Lara (AD-50) and John Perez (AD-46).

Governator Nominates API Woman To Head CA Sup Ct

Governor Arnold Schwarzenegger has nominated 50-year-old Tani Cantil-Sakauye to replace California Chief Justice Ron George who announced he was retiring recently. Cantil-Sakauye's nomination would mean that the state's highest court would now have a female majority: Carol Corrigan, Kathryn Werdegar, Joyce Kennard and Tani Cantil-Sakauye.

The Los Angeles Times reported her reaction to the nomination:

"I have had the distinct pleasure of being a municipal court judge, a superior court judge and an appellate court justice," she said. "As a jurist, woman and a Filipina, I am extremely grateful for the trust Gov. Schwarzenegger has placed in me. I hope to show young people what they can achieve if they follow their dreams and reach for their full potential."

Cantil-Sakauye is a Republican of Filipino descent and has served as a Court of Appeals judge since 2005. She's married to a Police Lieutenant and has two daughters.

Obama's List For SCOTUS Has 10 Names On It

The New York Times reports that although the top 3 favorites have not changed (Solicitor General Elena Kagan, 5th Circuit Court of Appeals Judge Diane Wood and D.C. Circuit Court of Appeals Judge Merrick Garland) President Obama is interviewing up to 10 candidates for the upcoming vacancy on the Supreme Court due to Justice John Paul Stevens already-announced retirement.

The other seven on the (not-so short) list are:

Sidney R. Thomas, 9th Circuit Court of Appeals

Ann Claire Williams, 7th Circuit Court of Appeals

Gov. Jennifer M. Granholm of Michigan;

former Chief Justice Leah Ward Sears of the Georgia Supreme Court;

Martha Minow, dean of Harvard Law School;

Justice Carlos R. Moreno of the California Supreme Court;

Homeland Security Secretary Janet Napolitano.

I'm curious as to why liberal judicial rock stars Pamela Karlan and Kathleen Sullivan are not being publicly considered. Could it be because they are openly lesbian? It is heartening to see that Justice Carlos Moreno is still under consideration, however.

Sotomayor Clears First Hurdle Easily

The United States Judiciary Committee approved the nomination of Judge Sonia Sotomayor for consideration by the whole Senate by a vote of 13 to 6 with all 12 Democrats voting in favor and all but one of the 7 Republicans voting against the nomination. The lone Republican endorsing Sotomayor was Lindsey Graham of South Carolina.

The nomination should come to a full vote next week, before the Senate goes on a month-long summer holiday without passing a health care bill.

Interestingly, today MadProfessah will be spending some time with one of Sotomayor's rivals for the Supreme Court nomination, California Supreme Court Justice Carlos Moreno. Moreno, you will recall is the only Democrat on the state Supreme Court and was also the only vote to strike down Proposition 8 on the Court. Despite that, Justice Moreno made it to President Obama's short list to fill the David Souter vacancy.

NYT Analysis on Prop 8 Ruling

Justice Carlos R. Moreno

The New York Times story on the Proposition 8 ruling contains this fabulous analogy which gets to the heart of why the California Supreme Court's ruling in Strauss was so wrong:

Karl M. Manheim, a professor at Loyola Law School Los Angeles who had filed a brief with the court opposing Proposition 8, called the decision a “safe” one from justices who can be recalled by voters. The change wrought by Proposition 8 was anything but narrow, Professor Manheim said, and claiming that the word “marriage” is essentially symbolic is like telling black people that sitting in the back of the bus is not important as long as the front and the back of the bus arrive at the same time.

[...]

The sole dissenting vote in Tuesday’s decision came from Justice Carlos R. Moreno, previously mentioned as a possible choice by President Obama for the United States Supreme Court.

Justice Moreno wrote that Proposition 8 means “requiring discrimination,” which he said “strikes at the core of the promise of equality that underlies our California Constitution” and, he added, “places at risk the state constitutional rights of all disfavored minorities.”

If you are as big a fan of Justice Carlos R. Moreno as I am now, please send him a letter praising his dissent in the Prop 8 case at:

Hon. Carlos R. Moreno
California Supreme Court
350 McAllister Street
San Francisco, 94102

Moreno is up for re-appointment to the California Supreme Court before the voters in November 2010. Let's make sure he gets a full 12 year term.