California’s Shifting Relationship With the Supreme Court


Are there any related large, looming fights you’re anticipating already — like over public well being regulation, immigration or labor regulation?

California courts have tried to restrict the enforcement of arbitration clauses in lots of contexts. But the United States Supreme Court has been very aggressive in imposing arbitration clauses — I might count on extra instances like that, with the liberal courts in California desirous to do extra to guard the proper of individuals to go to court docket, and the conservative Supreme Court saying no, we wish to implement them.

[Read more about arbitration clauses and how they’ve affected corporations and workers.]

I feel the Supreme Court goes to take up many extra Second Amendment instances. Many of the extra progressive gun laws you see from cities in California and the state are going to face a way more conservative Supreme Court.

What about immigration? That was a supply of loads of the battle between California and the Trump administration.

The key there’s going to be the administration. Because what you noticed is California difficult lots of the very restrictive Trump administration insurance policies.

If we return in 4 or eight years to a Trump-like administration on immigration, you’re going to see these conflicts once more, however they’re going to be a lot much less frequent with Biden.

Anything else Californians needs to be paying explicit consideration to?

One factor you’re going to see is much more civil rights litigation selecting to go to state court docket and use state regulation, fairly than going to federal court docket, given how conservative the Supreme Court is and the way rather more liberal the California Supreme Court is.