Denying review, Supreme Court hands California Attorney General a victory in gas tax initiative case

The Supreme Court today denied review in Becerra v. Superior Court, and left standing the Court of Appeal’s decision that had rejected a challenge by an initiative proponent to the circulating title and summary prepared for the initiative by the State’s Attorney General, Xavier Becerra.  The initiative would repeal or amend various portions of the law that recently increased California gasoline taxes.

The court acted quickly on the proponent’s petition for review, which was filed just three weeks ago.  It usually takes the court at least five weeks to rule on a petition.

Not only did the court deny review, it also ordered published the Court of Appeal’s previously unpublished opinion.  It did so on the Court of Appeal’s recommendation after the Attorney General requested publication.  (The Court of Appeal had no jurisdiction to grant the Attorney General’s request because it had made its opinion immediately final.)  On publication requests, the Supreme Court almost always follows the Court of Appeal’s recommendation.