Heidi Fuller recently filed this 25-page reply brief, in Fuller v Bowen, pending in the California Court of Appeals. The case concerns the California Constitution’s requirement that candidates for the legislature must have lived in their district at least one full year before the election. California officials have not enforced this requirement ever since 1976, even though no court has ever said the California Constitutional requirement violates the U.S. Constitution (except for the lower court in this lawsuit).
The link does work, but it may take 15 or 20 seconds to load.
Fuller had filed this lawsuit in 2010. The lower court had ruled that she does have standing, and that the courts have jurisdiction. But the decision also says that the California Constitution’s residency requirement violates the U.S. Constitution. The California legislature has filed an amicus curiae brief in the Appeals Court. That first half of the amicus can be read here; here is the second half.
It is interesting that most of her argument is about whether the courts (and the executive branch) do have jurisdiction over the qualifications of members of the legislature.
Hopefully when this gets to the Supreme Court, they will impose sanctions on the superior court judge who even accepted the case.
BTW, Fuller appears to have truncated a quote at the bottom of Page 7.