Supreme Court will hear Prop. 22 challenge [Updated]

The Supreme Court today granted review in Castellanos v. State of California to address constitutional attacks on Proposition 22, the 2020 initiative — heavily financed by Uber and Lyft — that classifies app-based drivers as independent contractors instead of employees.

A divided First District, Division Four, Court of Appeal published opinion in March rejected claims that Prop. 22 should be completely invalidated, but struck the part of the initiative limiting the Legislature’s authority to enact legislation that would not constitute an amendment to Prop. 22. A dissenting justice wanted to strike the entire initiative because, he said, it “constitutes a sub rosa attempt to amend the [workers’ compensation system in the] Constitution in the guise of statutory change,” it impermissibly conflicts with the Legislature’s constitutional power to create and enforce a workers’ compensation system, and it unconstitutionally “usurps . . . judicial power.” The superior court had invalidated Prop. 22 on the additional ground that it violates the single-subject rule for initiative statutes.

Castellanos first sought to invalidate Prop. 22 by filing a writ petition directly in the Supreme Court. The court denied the petition over two years ago “without prejudice to refiling in an appropriate court,” but two justices — Goodwin Liu and since-retired Mariano-Florentino Cuéllar — recorded votes to issue an order to show cause and have the court hear the case on the merits. The Supreme Court will now hear the matter after its “refiling.”

[July 12 update: Issues limited in Prop. 22 case.]

Related:

Predicting the Supreme Court won’t review Prop. 22’s constitutionality

Supreme Court will not hear Prop. 22 challenge . . . at least not yet