EDITORIAL When lawyers become politicians, and when those politicians assume offices where they can exercise discretion about when to appeal judicial rulings, the decision to do nothing can be as big and impactful as the decision to file a lawsuit.
Luckily for California, it is progressive-minded attorneys from the Bay Area who have found themselves in the position of advancing public policy through wise decisions about when to let rulings stand and when to challenge them. And it is our hope that Attorney General Kamala Harris remembers her Bay Area roots when making a couple of important pending decisions on appealing some high-profile recent rulings.
Harris was already weighing whether to appeal a judge’s ruling striking down teacher tenure laws (see “Pride and prejudice,” June 24) when another judge ruled that California’s death penalty is unconstitutional (see “Death sentence for executions?” Page 16).
Her opponent in fall runoff election, Republican Ron Gold, has called for Harris not to appeal the teacher tenure ruling — and he would almost certainly make great political hay of a decision by Harris not to challenge the death penalty ruling. But Harris should easily defeat this also-ran challenger in November and she should maintain the courage of her convictions in making these decisions.
We urge Harris to aggressively appeal the teacher tenure ruling and not be swayed by the judge’s fallacious argument that teacher tenure hurts urban schoolchildren. And on the death penalty, which Harris has long opposed, we urge her to help end the barbaric, expensive, and ineffective executions (which could mean appealing the recent ruling to the Ninth Circuit Court of Appeals and then not appealing a favorable ruling there, which would serve to end capital punishment in California).
That kind of selective use of the Attorney General’s Office discretion on appeals would follow in the tradition of Gov. Jerry Brown, when he was attorney general, choosing not to appeal the ruling striking down Prop. 8 and instead helping to legalize same-sex marriage.
Meanwhile, in San Francisco, we’re happy that City Attorney Dennis Herrera decided to “aggressively defend” Prop. B, which requires voter approval for projects that exceed current height restrictions on the San Francisco waterfront, against a lawsuit by the State Lands Commission.
Likely prompted by Lt. Gov. Gavin Newsom, one of three members of that commission and someone who has long been friendly to big investors and developers, this lawsuit should have never been filed — and Herrera was right to say so and pledge a vigorous defense of the measure.
The people of San Francisco and California are lucky to have Harris and Herrera in the position to make these important decisions.