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Independent Energy Producers Association v. McPherson

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Independent Energy Producers Association v. McPherson (136 P. 3d 178) was heard by the California Supreme Court in 2006. The state's highest court ruled that when issues are raised about whether an initiative is constitutional, ."..deferring judicial resolution until after the election -- when there will be more time for full briefing and deliberation -- often will be the wiser course."[1]

The plaintiffs in the case sought to have California Proposition 80 (2005) removed from the ballot. The basis for the plaintiff's claim that Proposition 80 should be removed from the ballot was the assertion that "the proposed measure was not one that, under the California Constitution, lawfully could be adopted by a vote of the people through the initiative process but rather was one that could be enacted only by the Legislature."[2]

The decision to keep Proposition 80 on the ballot overturned a decision of the state's court of appeals that struck it from the ballot.