Tag Archives: Equal Protection

Appeals Court Finds a Phantom Abuse of Discretion

John Cu 
John Cu
November 1, 2014

Can the Court of Appeal find an “abuse of discretion” by the trial court even if the trial court did nothing wrong? Yes, as explained in Connerly v. State of California (C073753).

In Connerly, Ward Connerly and the American Civil Rights Foundation (“Petitioners”) sued the State of California, the State auditor, and the California Citizens Redistricting Commission (collectively, the ‘State”), alleging the statutory method for selecting members of the Commission violated Proposition 209, because it gave improper preferences based on race, ethnicity, and gender.

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