The state high court later upheld the initiative as a valid state constitutional amendment.
It is unclear, for example, how search engines can censor results in China and yet uphold the initiative's principles.
In the Proposition 8 case, it is widely agreed that the Supreme Court has four options, if it does not, unconscionably, uphold the initiative.
Where there is litigation, the Court generally upholds these initiatives or may avoid making a constitutional decision by using "threshold devices". On those rare occasions when the Supreme Court exercises judicial review and strikes down a presidential or congressional action, it is usually only a matter of time before the proposal is revived and the dialogue begins again.
The court upheld most of the initiative, Proposition 115, but struck down its broadest provision, which would have repealed rights for criminal defendants that are specifically granted under the State Constitution.
While the decision by the California Supreme Court upheld a discriminatory ballot initiative, it should not have been a surprise.
Both times, the court narrowly upheld the president's initiatives, but with limits.
By upholding this agreement, Initiative 1631 avoids legal risks but sacrifices cost-effective emissions reductions and may create perverse incentives that causes coal use to increase in the early 2020s.
The letter also said that Mr. Liu "knows the difference between what the law is and what he might wish it to be," pointing to his prediction that a state court would uphold a ballot initiative restricting marriage to opposite-sex couples, even though he personally supported same-sex marriage.
The IPT upheld complaints by the Egyptian Initiative for Personal Rights and the South African non-profit Legal Resources Centre that their communications had been illegally retained and examined.
As president of the 10-campus University of California system, the nation's largest public research institution, I know firsthand the practical consequences of laws, such as the 2006 Michigan initiative the Supreme Court upheld this past week, that ban the consideration of such attributes in admissions.
