Mooted, But Not Muted

Mooted, But Not Muted

Regarding the Sergio Garcia law license saga, professors Michael A. Olivas and Hiroshi Motomura write:

"Two weeks ago, when the questioning at the Sergio Garcia trial went badly, we worked to draft an op-ed that would throw sand in the gears and re-direct the attention of the California Supreme Court to what we felt was the true point: that 8 USC Secs. 1621/1623 and well established SCOTUS case law allowed the state bar authorities to do what they wanted to do—not necessarily by state statute but by “state law.”

If Gov. Brown signs the recently-passed bill into law, as he has indicated he will do, it would give the Court a chance to act positively in several ways: The bill authorizes the CA Supreme Court to act, so we assume the court would have to either rule to admit him (the objections having been eliminated by the legislation), or to remand to the state board to admit him (on either the merits, which they seemed disinclined to do or through mootness). We hope that at the least, the Court will do no harm.

Because the Legislature’s act mooted our efforts (12-15 hours each we will never get back), we are posting the op-ed we had submitted on Thursday the 12th to the NLJ on Friday morning the 13th, only to discover the California legislators had acted the night before, unbeknownst to us. (Note to selves: read the blogs more often.)

The other similar cases bubbling up in FL, NY, and elsewhere have so far involved DACA recipients, who, we feel, present different facts and theories of the case."