The Nooner for Monday, December 2, presented by SYASL Partners


PODS (full list coming back soon!):

  • SacTown Talks by The Nooner (Gibran Maciel and Scott Lay): What a Week with guest fmr Assemblyman Mike Gatto on his homelessness initiative. (2019-11-29) [YouTube | iTunes | Simplecast]
  • SacTown Talks by The Nooner (Gibran Maciel and Scott Lay): Noel Kammermann, executive director of Loaves and Fishes (2019-11-26) [YouTube | iTunes | Simplecast]


  • Live pod – SCOTUS is heating up just in time – big gun case today
  • Deadlines
  • The OC House races – Dems on defense
  • John Cox tries to flip House seats
  • Family feud
  • Law and disorder
  • Budget bonanza
  • UC: let there be spite
  • SacTown – SuperShuttle suspends service
  • LA-LA Land – bring the shade
  • Cakeday and Classifieds

Happy Monday! Thank you for the feedback on what format I should use for The Nooner. Of course, it’s almost split exactly of proponents of each. I’ll think about whether there is a possible hybrid to meet what the most people are looking for.

One week from tonight is our live podcast from Capital Books with UC Davis constitutional law professor Carlton F.W. Larson, who is the author of the new book The Trials of Allegiance: Treason, Juries, and the American Revolution.

I’ve been spending time with the book and while reading about the Revolution it’s eerily on topic in today’s America. It’s really fascinating such as there weren’t really “two sides” of those loyal to the Crown and those wanting to break free therefrom. Allegations of “treason” was levied not only between those sides. but also among those of the nascent country.

When we booked Professor Larson, we had no idea where we would be in the impeachment proceedings, if there were any. Well, on Wednesday, the first formal hearings begin in House Judiciary and they are fully expected to continue next week. Next week, Judiciary will likely be provided the report of the House Intelligence Committee from chair Adam Schiff (D-Burbank).

That itself may suck up most of the podcast time including with an audience Q&A, but we’ll also be ready to talk about other issues, such the gun cases making their way to the Supreme Court, including ones from California on large-capacity magazine bans and limitations on open carry.

This morning, the Supreme Court is hearing a case that might rewrite its current Second Amendment gun doctrine, known for the Heller (2008) and McDonald (2010) cases. In New York State Rifle & Pistol Association Inc. v. City of New York, New York, the Court will look at whether the city’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.

Heller (District of Columbia) and McDonald (Chicago) held that the Second Amendment creates a right to regulated gun ownership within the home for defense of self and property, but the doctrine from the cases is quite limited. Since then, several states including California and localities have tested the jurisprudence with more restrict laws but SCOTUS has been reluctant to reopen the issue, even though the four votes needed to grant review likely were there.

Many observers believe that Chief Justice didn’t want to be seen as shaking things up too much on many social issues, including guns and abortion. After fourteen years in the role, he seems more willing to allow such cases to proceed in what will likely be a definitional period for the Roberts Court (a good conversation for next week’s pod in itself).

New York City won in both the district court and in the Second Circuit. A decision in the case is expected by the end of the Court’s term in June 2020.

Grab your free ticket for next Monday at 7pm at Capital Books next door to the Crest Theatre on K Street in Sacramento. We are grateful for the support of Bell McAndrews HiltackChurchwell White, and Perry Communications Group, who are making equipment purchases and refreshments possible. We can use a few more to make the evening happen. Sponsors will be recognized with signage at the event, mentions on the podcast, and a one month 120×90 graphical ad in The Nooner.

We would love to see you there and have you be a part of our first live podcast recording!

News after the jump…


DEADLINES: Friday is the deadline for filing for California’s March 3 ballot. For districts in which an eligible incumbent does not file, the deadline is extended to next Wednesday, December 11. As of now, these races will have the extended deadline:

  • CA08 (San Bern. High Desert) – Paul Cook (R)
  • CA25 (Santa Clarita-Palmdale) – Katie Hill (D)  – regular (special deadline is January 9)
  • CA53 (San Diego) – Susan Davis (D)
  • SD28 (Temecula-Blythe) – Jeff Stone (R) – special deadline is January 9; not up for regular in 2020
  • AD25 (Hayward-Santa Clara) – Kansen Chu (D) running for BOS
  • AD37 (Santa Barbara) – Monique Limón (D) running for SD19
  • AD57 (Whittier) – Ian C. Calderon (D)
  • AD67 (Lake Elsinore) – Melissa Melendez (R) running for SD28 special

The filing is not extended for offices left open because the incumbent is term-limited, such as in SD13 (Hill), SD15 (Beall), SD17 (Monning), SD19 (Jackson).

THE OC: For the Chron, Joe Garofoli writes that flipping four congressional seats in Orange County in 2018 was key to Democrats reclaiming the House but now the party must defend them in a less-certain political environment.

COX: Meanwhile, 2018 GOP gubernatorial candidate John Cox has a different focus in 2020, reports Peter Rowe in the San Diego Union Tribune. The wealthy real estate businessman is focusing on flipping back the seven House seats to the Republican ledger by focusing on persuading and turning out independent voters. Rowe writes:

This spring, Cox founded C.H.A.N.G.E. CA, or “Californians for Honest and Non-partisan Government Effectiveness,” pledging $1 million of his own fortune to this cause. He plans to send canvassers — “C.H.A.N.G.E. Agents” — door to door in seven congressional districts that were captured by the Democratic candidates in 2018 after years of being held by Republicans.

The canvassers will talk to independent voters about the state’s problems and proposed solutions. C.H.A.N.G.E.’s web site and printed materials don’t detail the latter, but Cox argues that the state needs less regulation — he’s especially critical of CEQA, the California Environmental Quality Act, which he believes hamstrings development — and that statewide policies have been dictated by unions, trial lawyers and the Democratic party.

FAMILY FEUD: For the LAT, Taryn Luna reports on the continued tension between the State Building and Construction Trades and Governor Gavin Newsom. Luna writes:

As the end of his first year in office nears, the governor has found himself on the wrong side of one of the most formidable factions of organized labor at the Capitol in a fight that could threaten his agenda to address the state’s housing crisis and test the trades’ political muscle in Sacramento. The 450,000-member union is a major Democratic donor and one of the most influential players on housing issues in the state.

Tensions brewed for nearly a year, fueled by what the union says were actions by the governor that ran counter to the interests of its members, including vetoing bills they supported. But some in the labor movement say it comes as no surprise that the trades — known for commanding respect and pulling no punches with officials — are the first among them to publicly quarrel with Newsom, a governor who has championed a variety of causes backed by unions over the last 11 months.

LAW AND DISORDER: Patrick McGreevy reports for the LAT that car burglaries in many communities continue to be at historically high levels but the Legislature has been reluctant to address a loophole that leaves many such acts unpunished. Specifically, prosecution can often rest on whether or not it can be proven that the car’s doors were locked at the time of the break-in.

McGreevy reports:

“It’s ridiculous that under current law you can have a video of someone bashing out a car window, but if you can’t prove that the door is locked you may not be able to get an auto burglary conviction,” said state Sen. Scott Wiener (D-San Francisco), who introduced the legislation at the request of the San Francisco district attorney’s office.

This year’s bill, SB 23 (Wiener), passed the State Senate 34-1 and Assembly Public Safety 6-0 but was killed in Assembly Appropriations on the Suspense File on August 30.

BUDGET BONANZA: With a budget surplus projected by the Legislative Analyst’s Office of as much as $7 billion in the 2020-21 fiscal year and as the Department of Finance develops the Governor’s January budget proposal, Dan Walters looks at the pressures by constituencies to increase spending, specifically schools.

Several large urban districts are flirting with insolvency and politically powerful education groups, especially unions, are looking to Sacramento for relief.

Schools are due for a $3.4 billion increase in revenue next year under the state’s constitutional guarantee, but [LAO Gabriel] Petek says their costs are rising faster than income.

Pension costs alone are expected to rise by $1 billion next year, due to legislation aimed at erasing a deficit in the California State Teachers Retirement System and mandatory payments by the California Public Employees Retirement System for cafeteria workers, clerical staff and other non-classroom personnel.

One discussion I’m hearing is using the money to get the education backers to abandon the split roll measure to assess commercial properties at fair market value for Proposition 13 purposes perhaps combined with a more muted ballot measure that doesn’t have the same huge opposition from the business community. However, the challenge is whether the non-education community-based organizations that have been strong backers could somehow be left happy with a compromise.

UC: LET THERE BE SPITE: In the LAT, Margot Roosevelt reports on the ongoing conflict between the University of California and AFSCME over contracting out. Roosevelt writes:

The University of California is at war with its largest union, the 26,000-member Local 3299 of the American Federation of State, County and Municipal Employees (AFSCME). November’s one-day strike, with picket lines at 10 UC campuses and five university hospitals across the state, was the sixth such angry walkout in the three years that the two sides have been fighting over a new contract.

The issue is outsourcing: the sprawling university system’s use of workers from temporary help agencies and staffing firms to fill low- and middle-wage service and healthcare jobs.

UC, the state’s third-largest employer, spends some $523 million a year on outside contracts for an estimated 10,000 parking attendants, security guards, custodians, cafeteria workers, groundskeepers and patient-care technicians among dozens of occupations normally represented by Local 3299.

Stop the Clippers Arena

SACTOWN: Today, SuperShuttle has suspended its service to/from the Sacramento Intergalactic Airport, which could be because of noncompliant insurance, low ridership, or both. Obviously, shifts in transportation options has to be a major factor.

LA-LA LAND: In the NYT, Tim Arango reports that “shade is increasingly seen as a precious commodity, as the crises of climate change and inequality converge.” Arango continues:

Using data that overlays areas of intense heat with the busiest public transit routes, the city is rushing to deploy shade to nearly 750 bus stops, using trees, shade sails or umbrellas. In addition, the city has recently hired its first forestry officer, and announced a goal of planting 90,000 shade trees by 2021. As part of this effort, some of the city’s famous palm trees, which have defined the image of the city but do not provide much shade, could be replaced.

CAKEDAY:  Happy birthday to Christopher Bowen and Robert Garcia!


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