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James V. Lacy

Getting a new City Hall, the litigious way

I come from the Adam Probolsky school on the issue of self-promotion but regardless this little saga deserves some mention here.

In 2007, Newport Beach’s Bill Ficker, an architect and winner ofThe America’s Cup, the most prestigious regatta and match in the sport of sailing, teamed with local philanthropist Jack Croul and former State Senator Marion Bergeson, and their friend Ron Hendrickson, to advance a plan to place the new Newport Beach City Hall building in a very logical location: an empty lotnear Fashion Island right next to the Main City Library.

But the majority of the City Council didn’t like the idea. They seemed to want the City Hall at a nearby bus station. So Ficker and Company decided to go directly to the people with an initiative campaign. They hired Scott Taylor to do the campaign for them (whose office is nearby Ficker’s in Newport Beach) and Scott recommended me to do the lawyering.

So I wrote a prettystraightforward proposed charter amendment. It had a number of clauses to it, and it was carefully drafted, but its purpose was very clear: any new City… Read More

Some Thoughts on Health Care Reform

I spent an early hour this morning reviewing the full text of President Obama’s health care policy appeal delivered last night to a joint session of Congress. I had originally intended to outline his rhetorical arguments and point out his continuing and repeated use of the straw man construct, something noted previously by Karl Rove in the Wall Street Journal, here.

But I keep getting hung up on the logic of the remedy he proposed especially after reading my recent copy of The Atlantic.

What’s holding me up in this case was a compelling, and lengthy, essay penned by media executive (and Democratic contributor) David Goldhill in the September issue of The Atlantic. Barrons also wrote on it here. Goldhill’s piece is powerful for two reasons: it illustrates the structural problems facing proponents of the President’s health care plan; and it should be especially powerful for conservatives who might see some members of our party (the… Read More

Inside the Beltway News–Part One

I’m working on something more in-depth on last night’s heralded (and heckled!) health care speech, but in the meantime, George Will’s Washington Post column profiles gubernatorial candidate and current insurance commissioner Steve Poizner.

Some highlights of Will’s reporting on California:

"The education code, by which state legislators micromanage California’s thousands of schools at the behest of teachers unions, is, Poizner says, 2,000 pages ‘and growing rapidly.’ He is disgusted that more than half of the 600,000 employees in primary and secondary education are not in classrooms."

"California depends on 200,000 wealthy taxpayers for 25 percent of its revenue." [Author’s note: that is .00571 of the population, based on 35 million]

"California has the lowest debt rating of any state, the fourth-highest unemployment rate (11.9 percent) and its job growth rate since 2000 is almost 20 percent below the national average. Some county and state public safety employees… Read More

Michael Der Manouel, Jr.

Another Head Scratcher: Meg Whitman “Huge Fan” of Van Jones

Like many conservatives in California, I regret ever getting on the Arnold bandwagon. Although he has been very good for the past two months, he squandered his political capital on nothing, then aided the State’s freefall into the abyss by not being even remotely fiscally conservative. I have the same misgivings about Meg Whitman. That sinking feeling that she is not authentic, too quick to praise leftist radicals, and not resolute enough to stand up to the leftists in this State largely responsible for our debt and deficits.

Conservatives throughout California got a glimpse of a very naive Meg Whitman this week in her video praising former Obama Green Czar Van Jones.

Whitman, who didn’t even register as a Republican until 2007, said thatRead More

James V. Lacy

This post is about the Supreme Court and the FEC; not sex in Sacramento

The other news today besides the unexpected and Claude Rains-like shocking information about an Assemblyman having sex with lobbyists in Sacramento, comes from the halls of the United States Supreme Court, where a special second oral argument was held in the Citizens United vs. Federal Election Commission case that I have written about here before. Without going into too much detail on the legal mumbo jumbo, from the questions asked of the lawyers, it looks like there is a pretty firm 5-4 majority (at least to this observer) in favor of overturning the longstanding ban on corporate contributions in Federal political campaigns. For election lawyers, reading such a decision would be a little like being an Israelite observing Moses parting the Red Sea. But it is a question squarely before the count, and Justices Kennedy, Scalia and Thomas are absolutely on board with this notion, and by their questions, it appears that Justice Alito and Chief Justice Roberts are on the verge of deciding that the First Amendment belongs to everybody, including people who work for corporations (and likely unions to follow). Judge Sotomayor’s… Read More

Jon Fleischman

Norby Announces Candidacy for Assembly

If you feel like someone has hit the fast forward button on the DVR, you aren’t alone. I just got a call from Orange County Supervisor Chris Norby saying that we here at the FlashReport were the first to get the news — he is "all in" in the pending special election to fill out the unexpired term of Assemblyman Mike Duvall in the 72nd Assembly District, encompassing most of North Orange County.

Norby is in his 7th year on the Board of Supervisors and faces term limits next year. Norby rather famously won his Supervisor seat by taking out a sitting incumbent (Cynthia Coad) who was seeking reelection. Before that, Norby served for years on the Fullerton Cityu Council, and was a high school teacher.

And for those interested in such things, Norby’s campaign will be handled by the Lewis Consulting Group.

Will Norby clear the field for this run? It’s hit or miss in the OC where some primaries are non-events, and others are spectacularly rancorous. We’ll see how this develops…… Read More

Jon Fleischman

Republicans Must Stop Democrats from Using Vietnam Vets as Pawns

Yesterday, the Governor took a stand and demanded that the Democratic controlled legislature pull back all the bills on his desk until they get their act together and work with Republicans on key issues like water. The Democrats response: use Vietnam Veterans as a trial balloon to test the Governor. "I dare the governor to veto this bill," Assembly Democratic Majority Leader Albert Torrico childishly stated before the close of Tuesday’s session.

Everyone knows there are several issues where I don’t see eye to eye with the Governor, but I support his decision to veto this commemorative resolution 100% and Republicans should not even entertain the idea of an override for two key reasons.

First, we must use every piece of leverage available to force Democrats to give Republicans a seat at the table on major issues. What the Governor did yesterday was to send a powerful signal to Democrats – “Give us a seat at the table for a water package or expect all your bills to come back with a fat veto stamp.” (Frankly, I would love it if the Governor vetoed every single bill regardless.)

Second, we cannot allow Democrats to use a Veterans… Read More

Jon Fleischman

Assemblyman Mike Duvall Has Resigned His Office

Statement from Assemblyman Mike Duvall regarding his resignation from office today:

“I am deeply saddened that my inappropriate comments have become a major distraction for my colleagues in the Assembly, who are working hard on the very serious problems facing our state. I have come to the conclusion that it would not be fair to my family, my constituents or to my friends on both sides of the aisle to remain in office. Therefore, I have decided to resign my office, effective immediately, so that the Assembly can get back to work."

The statement is now available on Mike Duvall’s website here. We don’t do this often, but we thought we would toot our horn as we broke this resignation before any main stream media source — television, newspaper, radio… YEAH!

UPDATE: A funny aside, right after Duvall resigned, I got an email from Ken Mettler, President of the California Republican Assembly, calling on DuvallRead More

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