NCSLNet Legislatures Elections Redistricting: California Term Limits Initiative Flawed

U.S. Supreme Court Rejects Term Limits Appeal

Updated 10/07/97

On Tuesday, October 14, the U.S. Supreme Court refused to hear an appeal of a decision that struck down California's term limit law for state legislators. In April, in Bates v. Jones, the United States District Court for Northern California stuck down California's lifetime term limits saying they imposed a "severe burden" on citizens' First and Fourteenth Amendment rights of voting and association. The District Court stayed its order pending appeal to the Ninth Circuit Court of Appeals. Bill Jones, California's Secretary of State, filed an emergency motion with the U.S. Supreme Court to take the case away from the Circuit Court. The Supreme Court on October 6th refused to expedite consideration of Jone's motion and then it issued its rejection of the motion on the 14th. In the meantime, the Circuit Court issued its ruling on October 7th, making the emergency motion somewhat moot. The October 7th Ninth Circuit Court of Appeals decision upheld the District Court decision, but based its argument on technical matters not related to the rationale used in Bates. The Secretary of State is expected to file an appeal of the Ninth Circuit decision to the U.S. Supreme Court next week. For more information on the case, contact Jennie Drage Bowser at NCSL's Denver office.

Summary of April 1997, Decision on CA Term Limits

General Information - Term Limits for State Elected Officials