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Federal Appeals Court Reversal Upholds California Term Limits

Term Limits

In a 9-2 decision, a special panel of the U.S. 9^th Circuit Court of Appeals upheld a 1990 California initiative that imposed a lifetime ban on running for the legislature after a legislator has served two three-year terms in the Assembly or two four-year terms in the Senate.

The ll-judge panel's decision, released Dec.19, reversed a 2-1 decision in October by the same appeals court. The majority opinion, by Judge David Thompson, held that the limits approved by voters in 1990 were "not severe," and rejected arguments that they should be overturned because the lifetime ban was unconstitutional.

"California voters apparently perceived lifetime term limits for elected state officials as a means to promote democracy by opening up the political process and restoring competitive elections. This was their choice to make," Thompson wrote.

The California term limits case has run a tortuous course, beginning in 1991 when the state Supreme Court upheld the law while interpreting its restrictions as a lifetime ban. Then in April, 1997, a U.S. District Court judge struck down the law on the grounds that it violated the constitutional rights of voting and association under the 1^st and 14^th amendments. That decision was appealed to the 9^th Circuit and in October a three-judge panel upheld the lower court decision, but on the grounds that the law failed "to provide adequate notice to voters that it would severely burden the people's fundamental rights" by imposing a lifetime ban. In November, however, the full appeals court voted to rehear the case and a special 11-judge panel was named.

The 9^th Circuit's December decision is expected to be appealed to the U.S. Supreme Court, but some observers are skeptical that the high court will hear the case. "When you have nine federal appellate judges coming down on that side it isn't likely to go much further," a Michigan legislative attorney concluded.

The California litigation has been watched closely in other term limited states, especially those with lifetime bans similar to California's: Arkansas, Michigan, Missouri, Nevada, Oklahoma and Oregon.

Oregon's term limits law was ruled unconstitutional Dec. 16 by a federal judge in that state. In his decision on Oregon's law, U.S. Magistrate Tom Coffin relied heavily on the earlier rulings involving California's term limits statute. Following the most recent 9th Circuit decision upholding California's law, however, Judge Coffin vacated his opinion that Oregon's term limits law was unconstitutional. That means, in effect, that unless the U.S. Supreme Court overturns the 9th Circuit decision before the March filing deadline for Oregon's 1998 elections--an unlikely secnario--24 Oregon legislators cannot run for re-election to their current seats. To see the full decision, click here Reversal

Jennie Drage Bowser tracks term limits, and may be reached at 303-364-7700 or elections-info@ncsl.org.

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