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You're both right. Mariana Pfaelzer did the ruling as a Federal District Court judge, and Gray Davis did not appeal her ruling to the 9th Circuit. Which would have agreed with her, leading to appeal no. 2 to the Supreme Court. Where, as can be seen by the ruling yesterday, it would be found eminently constitutional.

So, what to do? Will Simon appeal 187? Please. He's with Catholic Charities, the illegal alien service agency. I have a different idea.

Idea No. 1: Arizona is in need of a 187 like initiative, since they are losing hospitals and services to unreimbursed charges for illegals. It would pass right now, but maybe not in 5 - 10 years. MALDEF, NCLR, etc would take it to court right away. If it were declared unconstitutional (and it might not be, depending on the judge), a Republican governor would appeal it. And it would be declared constitutional by the Supreme Court, making such initiatives possible across the country. Or even laws passed by legislatures. Note: this is why I pinged you, DL.

Idea No. 2: There's no reason that an "identification required for voter registration" initiative can't be passed in California. Oh, the alphabet soup terroristas will be after it, but again, I can't see any reason a Rehnquist court would overturn such a thing. The states have the right to do this; it doesn't require congress. It only has to pass constitutional muster. That would simply require the identification to consist of any accepted government issued proof of citizenship: birth certificate, passport, NOT a social security card, etc.

End of the RAT use of illegals for Get Out The Vote campaigns. So, end of the line for a lot of RATs. And, perhaps, a resurgence for 187, or another law that would allow us to stop subsidizing our own colonization.