Car Tax Cut Challenged in Supreme Court (California)

AM 760 KFMB ^ | 01-22-2004

[scarface367]

A group of college students and social activists want to overturn Governor Arnold Schwarzenegger's decision to cut the state's car tax.

The coalition brought its challenge to the California Supreme Court Wednesday.

The petition says Schwarzenegger had neither the constitutional authority to lower the car tax, nor the legislative approval needed to demand $150 million in immediate budget cuts.

The cut saves motorists $4 billion a year in annual registration renewal fees, but puts the state in the hole by that much more.

[montomike]

I'm still looking for my rebate from what I paid. I'll believe it when I see it. I had to pay $460 dollars for a 96 truck.

Its robbery, I tell you. Its robbery.

[bandleader]

This is SOOOOOOOOOO typical of California LEFTISTS!!They actually WANT HIGHER TAXES!!!!!!!!!!Sometimes I can't believe that I am from there!!!!!!!!!!!!

[FlipWilson]

I would not be suprised if the Cal. Supreme Court sided with these students and activists. The California courts now rule that state.

[Eric in the Ozarks]

I just paid $85 for a two year sticker for a '98 in Missouri.

[alancarp]

If Arnold doesn't have the authority to cut a tax, then came somebody tell me why Grey-out Davis had the authority to impose the tax in the first place? Or -- by extension -- that anybody has the authority in that state to impose any tax???

[Ernest_at_the_Beach]

Damn, guess I should go back home.

[IYAS9YAS]

My guess is they ride bikes or the bus everywhere they go...or hitch/bum rides with friends. They probably don't have to pay the fee in the first place.

[MIchaelTArchangel]

The Governor needs to state that if the court requires him to collect the tax, he will:

a. Seek to have the tax repealed in the legislature.

b. Not spend a penny of the money on to close the budget gap.

c. Continue to repeat that California has a spending problem, not a revenue problem.

[MIchaelTArchangel]

The Governor needs to state that if the court requires him to collect the tax, he will:

a. Seek to have the tax repealed in the legislature.

b. Not spend a penny of the money on to close the budget gap.

c. Continue to repeat that California has a spending problem, not a revenue problem.

[goldstategop]

The leftist groups suckling at the government teats want the burden to be moved back to the taxpayers again. How typical.

[dpwiener]

I would not be suprised if the Cal. Supreme Court sided with these students and activists. The California courts now rule that state.

I'd be very surprised. Here's my comment from yesterday:

This is nothing more than a publicity stunt, and in that respect it worked.

But there's no way that the California Supreme Court (which is still stacked with Republicans) is going to reverse Schwarzenegger on the Car Tax. People were really, really pissed off about the tripling of their license fees. Even the Democrats were looking for a way to undo the tripling, except that their way was to find a replacement tax or to make the tax progressive (i.e., keep it high for luxury cars but reduce it for cheap cars).

The voters of California just recalled a Governor. The California Supreme Court Justices know full well that if they reinstate the Car Tax, they just might find themselves next on the recall firing line. At the very least they could kiss their re-election chances goodbye (it's happened before).

[FlipWilson]

"But there's no way that the California Supreme Court (which is still stacked with Republicans) is going to reverse Schwarzenegger on the Car Tax. People were really, really pissed off about the tripling of their license fees. Even the Democrats were looking for a way to undo the tripling, except that their way was to find a replacement tax or to make the tax progressive (i.e., keep it high for luxury cars but reduce it for cheap cars)."

I know you are right about the CA Supreme Court, but can you honestly say that some court in CA (probably Federal) will not find someway to overextend its authority to overturn this?

[dpwiener]

I know you are right about the CA Supreme Court, but can you honestly say that some court in CA (probably Federal) will not find someway to overextend its authority to overturn this?

Federal courts can't do anything; the issues raised are purely state issues. And even the 9th Circuit Court is going to tread carefully, after the huge embarrassment of last year in which an en banc panel had to overrule a three-judge panel, to allow the recall election to proceed.

The fact that these plaintiffs took their case directly to the California Supreme Court is pretty strong evidence that it was a publicity stunt, pure and simple. If they actually thought they had even the slightest chance of prevailing, they would have first venue-shopped for a pliable, extremely-liberal lower-court judge (heaven knows there are enough of them in California) to issue an injunction, and thereby try to change the dynamics of the situation in their favor.

[hattend]

This is SOOOOOOOOOO typical of California LEFTISTS!!They actually WANT HIGHER TAXES!!!!!!!!!!Sometimes I can't believe that I am from there!!!!!!!!!!!!

Send them the address of the California Franchise Tax Board with a note telling them that they can send what they think is fair. They don't have to cash those rebate checks, just send them back.

I just don't get people who want higher taxes.