California Court of Appeal January 10, 2007, No. C050204 (Connerly v. Schwarzenegger)

NICHOLSON, Acting P. J., Dissenting.

I respectfully dissent. Although the majority concludes plaintiff did not have standing and there is no actual controversy, it provides what plaintiff seeks—that is, a published opinion holding that no part of Government Code section 8315 (section 8315) may be enforced by the state. I would reach that result in a more straightforward manner.