PLF files brief in Proposition 13 case

April 27, 2012 | By JENNIFER THOMPSON

Yesterday, PLF filed a friend-of-the-court brief in Young v. Schmidt.  This is the case that challenges Proposition 13’s requirement that all new taxes imposed by the state Legislature pass by a two-thirds vote.  As discussed, Charles Young—the plaintiff in the case and former UCLA chancellor—has argued that this section of Proposition 13 is illegal because it exceeds the scope of what voters may accomplish through the initiative power.  Our brief refutes that argument by showing that the initiative power is the appropriate vehicle for instituting this type of legislative reform.  Because ultimate political sovereignty in California rests with the people, the people have the power to insist that all new state taxes pass by a two-thirds legislative vote.