Ending Court Protection of Voters from the Initiative Process

Yale Law Journal Pocket Part, Vol. 116, p. 115, 2006

Loyola-LA Legal Studies Paper No. 2006-41

6 Pages Posted: 16 Nov 2006 Last revised: 25 Jul 2013

See all articles by Richard L. Hasen

Richard L. Hasen

University of California, Irvine School of Law

Abstract

When journalists write their stories about state ballot propositions in the 2006 election, they likely will focus on South Dakota's abortion rights referendum, Michigan's affirmative action measure, or the variety of eminent domain measures reacting to the Supreme Court's Kelo decision. But there's also a story about measures that courts have kept off the ballot in a misguided effort to protect voters from making hard or bad choices. In this short essay, I argue that states should repeal their "single subject" rules because judicial enforcement leads to arbitrary, perhaps result-oriented decisions that don't benefit voters.

Suggested Citation

Hasen, Richard L., Ending Court Protection of Voters from the Initiative Process. Yale Law Journal Pocket Part, Vol. 116, p. 115, 2006; Loyola-LA Legal Studies Paper No. 2006-41. Available at SSRN: https://ssrn.com/abstract=945209

Richard L. Hasen (Contact Author)

University of California, Irvine School of Law ( email )

401 E. Peltason Drive
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Irvine, CA 92697-1000
United States
949 824 3072 (Phone)
949 824 0895 (Fax)

HOME PAGE: http://law.uci.edu/faculty/page1_r_hasen.html

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