FILE – In this July 17, 2017 file photo Gov. Jerry Brown, discusses the passage of a pair of climate change measures,at a Capitol news conference in Sacramento, Calif. Brown and legislative leaders managed to extend California’s cap-and-trade law to 2030, thanks in part to tax breaks that benefit businesses and agriculture. The provision helped bring support from Republicans and moderate Democrats. (AP Photo/Rich Pedroncelli,File)
In early September, Education Secretary Betsy DeVos rescind the Kafkaesque, or maybe Orwellian, “Dear Colleagues” letter promulgated by the Obama administration. This forced colleges and universities to choose between observing the US Constitution and getting their turn to suckle at the federal mammary. You know how that turned out. The Constitution became a Trivial Pursuit question and due process was replaced by a pseudo-legal regime where students could have their lives ruined by being labeled as a sex offender but were not allowed an attorney, access to the evidence, or even the ability to cross-examine their accuser.
Naturally, when the opportunity presented itself, California decided to pass a state law codifying the rescinded Department of Education guidance.
A bill passed the California Senate earlier this month that would codify Title IX civil rights guidelines in sex discrimination and sexual assault cases on campuses into state law — the same controversial Obama-era guidelines Secretary of Education Betsy DeVos rescinded Friday.
The bill, authored by Sen. Hannah-Beth Jackson (D-Santa Barbara), passed with a 28-10 vote and is now at the governor’s office where it awaits a signature.
Monday morning, Governor Jerry Brown did something completely unexpected, and, by California standards, unprecedented. He vetoed the bill and preserved Constitutional rights in California.
Extraordinary message from Gov. Jerry Brown, as he vetoes bill that sought to codify Obama-era TIX guidance. Stresses due process concerns. pic.twitter.com/XvO8kNmnsD
— KC Johnson (@kcjohnson9) October 16, 2017
Brown's message also expresses concerns about racial impact of campus tribunals, showing impact of @EmilyYoffe, @JeannieSuk, @larabazelon: pic.twitter.com/bIypwzAmUO
— KC Johnson (@kcjohnson9) October 16, 2017
This rhetoric–that issue has two sides, that schools must take due process seriously–is unprecedented for a Dem officeholder since 2011. pic.twitter.com/X47VTRsBVi
— KC Johnson (@kcjohnson9) October 16, 2017
.@JerryBrownGov full veto message–which raises concerns not dissimilar to @BetsyDeVosED George Mason speech:https://t.co/KunhCwiCor
— KC Johnson (@kcjohnson9) October 16, 2017
https://twitter.com/Heminator/status/919964746744520704
The war is not over but Brown has done a good job of staking out what is too far. When a bill is so extreme that Brown won’t sign it, that tells you all you need to know.
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