Context:
In November 1994, Californians passed an initiative, Proposition
187, cutting off some health and social services, including
access to public education, to illegal aliens and their
children.
I am proud to say that I was one of the top
volunteers for Gray Davis during his election campaign and
inaugural planning. I know first-hand that he and his staff have
that rare combination of political savvy and ethical integrity,
so I can appreciate how truly trying the current dilemma must be
for the Governor, in deciding whether or not to act as an
advocate for Proposition 187 on appeal: Whether to fulfill his
promise to "uphold the will of the people" or whether to
fulfill his promise to "end the era of wedge politics". The
majority of the electorate was for Prop. 187; he and the
majority of his supporters were against it.
Maybe there is a third way -- one that is both
pragmatic and sincere. I understand that our legal system is
inherently adversarial. However, if one side truly has mixed
feelings about an issue, would it be against either the letter
or the spirit of the law for that side to state both the pros
and the cons of the case as clearly and as honestly as it could?
I have faith that each presiding Justice would weigh all the
evidence fairly, regardless of which side presents it.
Although a case before the Supreme Court, or any
court, is typically a contest between two uncompromising sides,
the proceedings are ultimately a search for the truth. And I am
sure that is exactly what our moderate Governor and all
fair-minded people seek, too.