# Assembly v. Deukmejian

> California Supreme Court · January 28, 1982 · 30 Cal. 3d 638

URL: https://www.frixlaw.com/law-library/cases/9609611

## Case

- **Full name:** ASSEMBLY OF THE STATE OF CALIFORNIA Et Al., Petitioners, v. GEORGE DEUKMEJIAN, as Attorney General, Etc., Et Al., Respondents; TIRSO Del JUNCO, as Chairman, Etc., Et Al., Real Parties in Interest; PHILLIP BURTON, as United States Congressman Et Al., Petitioners, v. MARCH FONG EU, as Secretary of State, Etc., Et Al., Respondents; TIRSO Del JUNCO, as Chairman, Etc., Et Al., Real Parties in Interest; SENATE OF THE STATE OF CALIFORNIA Et Al., Petitioners, v. MARCH FONG EU, as Secretary of State, Etc., Et Al., Respondents; TIRSO Del JUNCO, as Chairman, Etc., Et Al., Real Parties in Interest
- **Court:** California Supreme Court
- **Decided:** January 28, 1982
- **Citations:** 30 Cal. 3d 638; 180 Cal. Rptr. 297; 639 P.2d 939; 1982 Cal. LEXIS 143
- **Precedential status:** Published
- **Opinion:** Concurring in part by Kaus
- **Judges:** Kaus, Bird, Richardson, Mosk
- **Cited by:** 73 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9609611

## Opinion text

KAUS, J., Concurring and Dissenting.
Obviously much is to be said on each side of the only issue that divides the majority and Justice Richardson’s dissent which I have signed. The two considerations which, in my view, tip the scale in favor of the dissent are these: First, simple adherence to precedent should make us follow Reinecke I. 1 Second, it seems clear to me that the course chosen by the majority involves greater judicial intrusion into the legislative process laid out by the California Constitution. Absent compulsion by Baker v. Carr—and I see none—we should let that process play itself out without any judicial intervention.
I pity the 1992 Supreme Court which will have to break the tie between Reinecke I and Assembly v. Deukmejian.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9609611. Public record. Not legal advice.