Dear friends and colleagues:
On Thursday, DRC, WCLP and PILP filed an original writ of mandate in the Supreme Court challenging the constitutionality of the CARE Act. Disability Rights California v. Newsom, No. S278330 (filed January 26, 2023). The petition is attached to our press release at the following link: DRC’s press release .
CARE Act opponents may file an amicus letter (not a brief) with the Supreme Court urging the court to accept the writ and issue an OSC or alternative writ. There is no formal deadline, but the Court could act at any time. In practice, letters should be filed no later than February 17, which is the date our reply is due.
A letter in support of an original writ is similar to a letter in support of a petition for review following a Court of Appeal opinion. In either case, the purpose of the letter should be to explain to the Supreme Court why the issues raised are so important statewide that the Court needs to resolve them now. What to include in such a letter is explained in a helpful article from the Daily Journal available here: https://www.dailyjournal.com/mcle/944-on-amicus-letters , and in the memo from the article’s author, Myron Moskovitz, downloadable here: How to File an Amicus Letter .
If the Supreme Court accepts the writ, it will set a briefing schedule, which will include an opportunity for actual amicus briefs. Rule of Court 8.487(e). For now, the amicus letters should address the real-world importance of the issue, rather than expound on the law. The most important criteria are:
• Great Public importance and significance;
• Widespread interest;
• General importance to the trial courts and the profession;
• Urgent issue that must be resolved promptly;
• Significant issue of first impression;
• Newly enacted statute that has not yet been interpreted.
Your letter should be addressed to:
Chief Justice Patricia Guerrero and Associate Justices
California Supreme Court
350 McAllister Street
San Francisco, CA 94102-4797
Re: Disability Rights California v. Gavin Newsom, No: S278330.
Dear Chief Justice Guerrero and Associate Justices: etc.
The letter should be submitted through the TrueFiling system, which is explained in the Moskovitz memo and on the Court’s website. The ACLU Southern California is already committed to submitting an amicus letter and we are hoping of as many others as possible.
Thank you for your support!
Melinda, Lynn, Dick, and Mike
Disability Rights California
1831 K Street
Sacramento, CA 95811
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