CPC Files Amicus Brief in Huntington Beach v. Newsom
This article was originally posted on the California Policy Center website and can be found here.
California Policy Center has filed an amicus brief supporting the City of Huntington Beach’s petition for rehearing en banc in the City’s challenge to California’s unconstitutional housing mandates.
A three-judge panel denied relief to Huntington Beach due to the South Lake Tahoe rule, a Ninth Circuit precedent that prohibits local governments like cities and school districts from suing the state in federal court. A larger en banc panel with eleven judges has authority to overturn Ninth Circuit precedent.
Overturning the South Lake Tahoe rule is critical. Without the ability to challenge state laws in federal court, cities and school districts are left powerless to defend their rights and the rights of their constituents.
