Chemerinsky Law (and Math)

UC Berkeley Law School Dean Erwin Chemerinsky is (for some unknown reason) considered one of the country's foremost constitutional experts. Nevertheless, his legal opinions always seem to come down to favor of the liberal side of issues. My greatest fear is that with someone like Old Joe in the White House, Chemo is probably on the shortlist for any Supreme Court vacancies.

So with a recall election looming next month for California Governor Gavin Newsom, Chemo has decided to weigh in-in the New York Times, no less. It is his considered opinion, along with UCB Law School professor Aaron Edlin, that the recall is unconstitutional. That's where the math comes in. With numerous Republican candidates on the ballot as replacements to Newsom, the esteemed professors argue that Newsom will likely get more votes than any of the other candidates.

Here's how it works.

 https://archive.vn/b3Fw3#selection-565.26-565.98

"Imagine that 10 million people vote in the recall election and 5,000,001 vote to remove Mr. Newsom, while 4,999,999 vote to keep him in office. He will then be removed and the new governor will be whichever candidate gets the most votes on the second question. In a recent poll, the talk show host Larry Elder was leading with 18 percent among the nearly 50 candidates on the ballot. With 10 million people voting, Mr. Elder would receive the votes of 1.8 million people. Mr. Newsom would have the support of almost three times as many voters, but Mr. Elder would become the governor."

The problem with that logic is that this is a two-part election. The first question for the voters is whether Newsom should be removed from office. If a majority says no, the second question (who should replace him) is moot. It doesn't matter who else got how many votes. Only if a majority votes to replace Newsom does the second part come into play.

Of course, the favored remedy of the two Berkeley legal minds is for the courts to step in and declare the entire recall process unconstitutional and throw it out. As they themselves say, "The stakes for California are enormous, not only for who guides us through our current crises — from the pandemic to drought, wildfires and homelessness —".

Yes, indeed. Though it is a political consideration as opposed to a legal one, Governor Newsom has "guided" us through so many crises, blah blah blah-that's why we are having a recall to begin with. He has been an unmitigated disaster. But never mind. By throwing his two cents worth in, Chemerinsky is positioning himself for that phone call from Old Joe if that Supreme Court vacancy comes up.