Andrew,
The only place it should be challenged if in federal court. It is a
constitutional question and the U. S. District court has jurisdiction over
that issue. You don't argue how the law violates the car owners, you argue
the question of when and how the law is "ex post facto".
The the District court does not give you the answer you want, go to appeal,
then the supreme court. I guess it depends on how moch your car is worth to
you.
Jeff
P.S. I've never been to law school and the bumble bee has never been to
flight school. If you listen to conventional wisdom the bumble bee's wings
are too small for it to fly. If you want it bad enough........it could
happen.
> Welllll...maybe...and maybe not.
>
> Law School Course 101 is "Straining at Gnats and Swallowing Camels".
>
> If the bill passes into law, it will be the law of the state unless and
until it
> is successfully challenged in a relevent court of law.
>
> I carefully use the word "successfully". As seen nearly every day
throughout the
> land, judges make incorrect and unconstitutional decisions in seemingly
slam dunk
> cases. Sometimes it is ignorance, but mostly it's about politics.
>
> If this becomes law, whoever challenges it had better have deep pockets.
The
> political climate in California tends to favor goofy stuff like this. It
may have
> to make it's way into the Federal courts to be successfully challenged.
And you
> better hope that the case isn't heard in the San Francisco Circuit.
>
> Jeffery Howard wrote:
>
> > Brad,
> > Any change in the emissions limits that are established after the
> > manufacture date of the car could be defeated due to the constitutional
> > restriction of "ex post facto" laws.
> >
> > One of you lawyer types help the man out.
> >
> > Jeff Howard
> > Rayne LA
> > USA
> > '68 GT6 Now I am the second owner
> > '69 GT6+
> > '80 Spit
> >
> > -
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