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Californians await a Justice Kruger

Presented and Paid for by the Coalition for Clean Air: Jeremy B. White's must-read briefing on politics and government in the Golden State
Jan 27, 2022 View in browser
 
POLITICO California Playbook

By Jeremy B. White, Chris Ramirez and Graph Massara

Presented and Paid for by the Coalition for Clean Air

THE BUZZ —NEW ORDER IN THE COURT: California could soon furnish the U.S. Supreme Court with its first African American woman.

State high court Justice Leondra Krugerprobably set a personal record for online mentions on Wednesday after it emerged that Supreme Court Justice and former Jerry Brown debate nemesis Stephen Breyer would hang up his robes, giving President Joe Biden his first SCOTUS pick. Biden had already committed to elevating a Black woman to the nation's highest court, and Kruger is widely said to be on the shortlist, along with D.C. Circuit Judge Ketanji Brown Jackson. Kruger's SCOCA-to-SCOTUS path would be the same trod by Stephen Field back in the 19th century.

Leondra Kruger, left, is sworn in as an associate justice to the California Supreme Court by Gov. Jerry Brown during an inauguration ceremony in Sacramento, Calif., Monday, Jan. 5, 2015.

Leondra Kruger, left, is sworn in as an associate justice to the California Supreme Court by Gov. Jerry Brown during an inauguration ceremony in Sacramento, Calif., Monday, Jan. 5, 2015. | AP Photo/Rich Pedroncelli


Appointed by Gov. Jerry Brown in 2014, the 45-year-old Kruger has developed a reputation for relative centrism. She sided with Republican-appointed justices and wrote the majority opinion in a 2018 ruling upholding a law letting authorities collect DNA from arrested suspects. People who have worked with or studied Kruger describe her as a cautious jurist who is wary of landmark legal shifts. Kruger told the LA Times in 2018 that she centered legal precedent and sought to enhance "the predictability and stability of the law and public confidence and trust in the work of the courts."

That record could boost Kruger's stock if Biden is looking for a moderate likely to survive a closely divided Senate . But the president will undoubtedly consider how a more outspoken jurist could energize Democratic voters in what will be a steeply uphill midterm climb for Democratic candidates. Either way, both of California's senators will play a role, since both Sens. Dianne Feinstein and Alex Padilla sit on the Senate Judiciary Committee (although Feinstein lost her status as chair after her handling of Justice Amy Coney Barrett's confirmation).

Some punditsand reporters couldn't resist floating another prominent Californian African American woman as a possible choice. But while Vice President Kamala Harris has a legal background and has endured a rocky first year as Biden's No. 2, the Kamala-ologists we consulted shot down the idea that Harris could swap the executive for the judiciary. And in case you forgot amid the hubbub, Biden affirmed just last week that Harris will be his 2024 running mate.

BUENOS DÍAS, good Thursday morning. Harris is headed to Honduras today, where she plans to attend a presidential inauguration and discuss the roots of migration. Elsewhere, the campaign against a tobacco-industry-funded effort to overturn California's flavored tobacco ban has enlisted Padilla, Lt. Gov. Eleni Kounalakis and state Board of Equalization Chair Malia Cohen for a launch event today.

Got a tip or story idea for California Playbook? Hit jwhite@politico.com or follow me on Twitter @jeremybwhite.

QUOTE OF THE DAY: "Oil drilling in Los Angeles might have made sense in the early part of the 20th century, but it sure doesn't make a lot of sense now that we've become a megalopolis at the beginning of the 21st century." L.A. City Council member Paul Krekorian on banning new oil wells, via the LA Times' Dakota Smith.

TWEET OF THE DAY: State Sen. @sydneykamlager on Breyer retiring: "Hey @POTUS…I've got some qualified sisters for you to consider...call me." Kamlager then clarified: "No more penises or white nationalist conservatives. A WOC PLZ!!!!"

WHERE'S GAVIN? Nothing official announced.

 

Paid for by the Coalition for Clean Air:

Thank you, Governor Newsom, for California's Climate Commitment! What state lawmakers do next will decide if we preserve a safe, equitable and healthy future for all or leave behind a damaged state to our children. Learn more.
Paid for by the Coalition for Clean Air.

 
TOP TALKERS


— " Amazon Paid for a High School Course. Here's What They Teach, " by VICE's Aaron Gordon and Lauren Kaori Gurley: "In 2019, Cajon High School in San Bernardino, California, started offering the 'Amazon Logistics and Business Management Pathway,' a first-of-its-kind series of courses intended to help students get a head start in a career in logistics."

— " San Francisco is allowing people to use drugs inside new Tenderloin treatment linkage center," by the SF Chronicle's Mallory Moench and Kevin Fagan: "Addiction experts and advocates differ on whether allowing those who struggle with substance use disorder to get high at the site will help them get connected to treatment, with some saying it acknowledges a necessary reality on a journey to get help and others calling it counterproductive."

— " Case cleared? Sacramento County sheriff resolves most sexual assault cases without arrest or trial," by Capradio's Sammy Caiola and Emily Zentner: "Exceptional clearance is something that law enforcement agencies can use when they know who committed a crime, where that person is and have enough evidence to arrest them — but they say they can't take action for reasons outside their control."

CALIFORNIA AND THE CAPITOL CORRIDOR

— " 'Everything was done wrong.' Why was this suicidal CHP officer given back his gun? " by the Sac Bee's Sam Stanton: "Some CHP officials could not even agree that Wheat's statement that he planned to kill deBeaubien and himself constituted any type of crime, conduct that one legal expert said should have resulted in prosecutors filing a charge of attempted murder."

MAKING SPACE — " Student housing is tight. A California plan wants $5 billion for affordable beds ," by CalMatters' Mikhail Zinshteyn: "That much money could house around 21,000 more students, based on recent analyses that show campuses spend an average of roughly $240,000 per student bed when constructing housing. But even that may not meet the total need given how many students struggle with housing insecurity and homelessness."

— " L.A. hasn't cited any businesses for violating proof-of-vaccination rules," by the LA Times' Emily Alpert Reyes and Marissa Evans: "The Department of Building and Safety, which was put in charge of citations, said it is instead focusing on outreach and education until the end of January. As of mid-January, it had gotten more than 200 complaints about businesses violating the rules, triggering visits to 187 sites."

SOLAR FLARES — " California's plan to slash solar subsidies seems backwards. It's not," by Grist's Shannon Osaka: "Supporters of the change argue that, since it was introduced over 25 years ago, the program known as 'net metering' has transformed from a helpful boost to a nascent industry to a regressive program that unfairly burdens California's lower-income families with higher electric bills."

SLIPPERY SLOPE — "Oil transition puts California Democrats in a bind, " by CalMatters' Emily Hoeven: "That could pose challenges for Gov. Gavin Newsom and Democratic lawmakers, who are not only confronting a disappearing workforce but also pouring billions of dollars into programs to 'create sustainable jobs in emerging and green and just transition kinds of sectors,' in the words of Dee Dee Myers, Newsom's senior advisor and director of the Governor's Office of Business and Economic Development."

FIREWALL — " In California, a New Fight to Stop Building in the Path of Fire, " by the New York Times' Sophie Kasakove: "Critics of new development in wildfire-prone areas of California scored an important victory this month when a Superior Court judge blocked the Guenoc Valley development, concluding that thousands of new residents in the area could contribute to a deadly bottleneck during an evacuation."

COST OF LIVING — " Can you live on California's minimum wage? Here's how it stacks up against high living costs," by the Sac Bee's Brianna Taylor: "In short: people on minimum wage are earning less money than they need to support themselves and their families."

GUARD UP — " San Francisco moves to increase oversight of private security guards after bias complaints," by the SF Chronicle's J.D. Morris: "[Supervisor Catherine Stefani] said she was responding specifically to reports from residents in her northwest San Francisco district who said people had been harassed by security guards while walking down the street."

MAPPING IT OUT — " These maps show where violent crime is spiking most in Oakland," by the SF Chronicle's Susie Neilson.

— " Killing of LAPD officer brings scrutiny on one of L.A.'s oldest and largest gangs," by the LA Times' Matt Orsmeth: "The particular charge that prosecutors have brought against the four — violent crime in aid of racketeering — means they must make the case that the defendants robbed and murdered Arroyos to maintain or increase their standing within Florencia-13."

 

JOIN FRIDAY TO HEAR FROM GOVERNORS ACROSS AMERICA : As we head into the third year of the pandemic, state governors are taking varying approaches to public health measures including vaccine and mask mandates. "The Fifty: America's Governors" is a series of live conversations featuring various governors on the unique challenges they face as they take the lead and command the national spotlight in historic ways. Learn what is working and what is not from the governors on the front lines, REGISTER HERE.

 
 


CAMPAIGN MODE

FIRST IN PLAYBOOK— LEYVA'S LANDING: State Sen. Connie Leyva is running for the San Bernardino board of supervisors, challenging Republican incumbent Curt Hagman . Leyva decided not to seek another Senate term after getting drawn in with fellow Democratic Sen. Susan Rubio, and she's long planned to run for state superintendent of public instruction in 2026. Leyva vowed in a statement to use her experience to "create good-paying local jobs, build housing that's affordable, fix our roads and infrastructure, and make our neighborhoods safer."

BONIN BOWS OUT — Just days after learning he'd dodge a recall vote, LA City Council member Mike Bonin announced he won't seek another term. Bonin cited his mental health as a reason.

CA-26 — Republican sports agent Fadde Mikhail is challenging Democratic Rep. Julia Brownley in the newly drawn 26th Congressional district, which became a little more Republican via redistricting but retains its blue status.

— " Nancy Pelosi just answered one big question. But another remains," opines the LA Times' Mark Z. Barabak: "There was speculation she might step aside and not run again. But Pelosi knows better than anyone the power and influence — not to mention prodigious fundraising capacity — that would diminish the moment she indicated the rest of the year would be spent marking time to her departure."

BIDEN, HARRIS AND THE HILL


— " Biden will get a Supreme Court pick. Kamala Harris and California's senators will be pivotal in the confirmation battle," by the SF Chronicle's Tal Kopan: "The state's two senators, Sens. Dianne Feinstein and Alex Padilla, also both serve on the Judiciary Committee, which will hold the confirmation hearings for Biden's nominee."

REDUCING SCREEN TIME — 'She was Zoom'd out:' Veep mulls escape from D.C. bubble, by POLITICO's Christopher Cadelago and Eugene Daniels: Harris indicated that she sees the wisdom of better explaining not just the complexities of her policy portfolio, but also her approach to the job of vice president, with its often shifting tasks.

 

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SILICON VALLEYLAND


BANNED — " YouTube permanently bans Fox News host Dan Bongino," by Reuters' Emily Culliford and Paresh Dave: "YouTube suspended one of Bongino's YouTube channels on Jan. 20 after he posted a video where he questioned the effectiveness of using masks against the coronavirus, a violation of the company's pandemic-related misinformation policy."

— "Tesla Is Like a 'Plantation,' Says Lawyer Who Won Racism Cases for Workers," by Bloomberg's Dana Hull: "[Larry Organ's aim] isn't just to get Black workers their day in court and the restitution he says they deserve, but also to convince Tesla that corporate policies that allow for unchecked racism don't pay."

CANNABIS COUNTRY


— " One Of California's First Queer-Owned Dispensaries Takes Up Regal Residence In LA," by LAist's Caitlin Hernández: "They wanted to bring representation to a profession that owes a lot of its success to LGBTQ+ people. And they wanted to help make blazing a little less necessary for folks hoping to follow their trail."

 

STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down, and who really has the president's ear in our West Wing Playbook newsletter, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today.

 
 
MIXTAPE


— " Conservation group sues U.S. agencies, saying they fail to protect marine species from oil," via the AP.

— " Richmond police chief, husband won't face criminal charges in assault/threats probes, but their legal problems aren't over," by the Mercury News' Nate Gartrell.

— " LA Sheriff's Sergeant Claims Retaliation For Testimony In Banditos 'Deputy Gang' Lawsuit," by LAist's Frank Stoltze.

— " Former Redwood High student files lawsuit alleging school covered up teacher abuse," by the SF Chronicle's Matthias Gafni.

— " UCLA gymnastics stood united against racial injustice, then was ripped apart by it," by the LA Times' Thuc Nhi Nguyen.

Transitions


GRAY'S GUY — Nick Warshaw will be working with former Gov. Gray Davis after joining Davis's legal practice at Loeb & Loeb LLP. Warshaw previously worked for election law firm Olson Remcho.

 

Paid for by the Coalition for Clean Air:

Thank you, Governor Newsom, for California's Climate Commitment!

This decade offers a narrow window of time - our last chance - to fight polluters and prevent irreversible damage to California caused by climate change and air pollution. Such high stakes make Governor Gavin Newsom's California Climate Commitment so important. It's an unprecedented $37 billion action plan to:

• Protect Californians from the extreme effects of climate change
• Lead the world in reducing carbon and air pollution
• Ensure that those most harmed by climate change, often communities of color, are empowered to fight for climate justice.

What state lawmakers do next will decide if we preserve a safe, equitable and healthy future for all or leave behind a damaged state to our children. Learn more.

Paid for by the Coalition for Clean Air.

 


CALIFORNIA POLICY IS ALWAYS CHANGING: Know your next move. From Sacramento to Silicon Valley, POLITICO California Pro provides policy professionals with the in-depth reporting and tools they need to get ahead of policy trends and political developments shaping the Golden State. To learn more about the exclusive insight and analysis this subscriber-only service offers,click here.

Want to make an impact? POLITICO California has a variety of solutions available for partners looking to reach and activate the most influential people in the Golden State. Have a petition you want signed? A cause you're promoting? Seeking to increase brand awareness amongst this key audience? Share your message with our influential readers to foster engagement and drive action. Contact Jesse Shapiro to find out how: jshapiro@politico.com.

 

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