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Let me break this down based on my understanding after reading the opinion and the law. I am not a lawyer. From the judge's opinion "The Court finds that Sect
by lsiebert 5y ago
Let me break this down based on my understanding after reading the opinion and the law. I am not a lawyer.
From the judge's opinion
"The Court finds that Section 7451 is unconstitutional because it limits the power of a future legislature to define app-based drivers as workers subject to workers’ compensation law....
Because Section 7451 is not severable from the remainder of the statute, the Court finds that the entirety of Proposition 22 is unenforceable.
The petition is therefore GRANTED."
Why is that?
7451 says that workers are independent contractors, but per the Judge's ruling:
"The California Constitution vests in the Legislature the “plenary power, unlimited by any provision of this Constitution, to create, and enforce a complete system of workers’ compensation.” (Cal. Const. art. XIV, § 4)
Since that specific enumerated power conflicts with the more general ballot initiative rule in the constitution regarding the legislature not being able to amend ballot initiative passed laws, that section of the law is unconstitutional. (See Scalia's Canons of Construction, The Specific/General Canon)
Since Prop 22 explicitly said if that section is invalid the whole law is invalid (7467 (b)) the whole law is thus invalid.
This is likely to be appealed and stayed upon appeal so it's not taking effect immediately.
Judge's opinion (provided by lwf in a comment): https://www.documentcloud.org/documents/21046832-castellanos-order https://www.documentcloud.org/documents/21046832-castellanos...
Text of prop 22:
https://vig.cdn.sos.ca.gov/2020/general/pdf/topl-prop22.pdf https://vig.cdn.sos.ca.gov/2020/general/pdf/topl-prop22.pdf