More good news for Governor Jerry Brown regarding his writ petition — Brown v. Superior Court — that seeks to eliminate a roadblock to qualifying his Justice and Rehabilitation Act initiative for November’s ballot. The governor hasn’t won the case yet, but, after granting a stay 12 days ago, the Supreme Court today issued an order to show cause, meaning the court will decide the writ petition on its merits instead of summarily denying it. Summary denial is the fate of the vast majority of writ petitions filed in the appellate courts.
The court’s order sets an expedited formal briefing schedule (real parties are to email their return to the writ petition by March 21 and any reply to the return can be submitted by March 28) and keeps the temporary stay in effect. It is likely the court will then schedule oral argument, possibly for one of its two May calendars. Time is tight, however. Presumably, because of the stay, the proposed initiative is currently circulating for signatures, but, according to a Secretary of State document, June 30 is the last day to determine if a measure has qualified for the ballot and, if the schedule is the same as two years ago, early August is the deadline for the Secretary of State to send the voter information guide to the state printer.
The court’s order today is unanimous, except for Justice Leondra Kruger, who was absent with a good excuse.