Rehnquist Asks for Response on Prop. 73 Ruling

Offering a glimmer of hope Friday to the supporters of Proposition 73, U.S. Chief Justice William H. Rehnquist called on attorneys for Democratic leaders to explain why he should not restore California’s campaign contribution limits.

“The chief justice has asked for responses,” a spokeswoman for the court said. “It does not necessarily mean he’s going to grant it (the request).”

Two of the authors of Proposition 73 appealed directly to Rehnquist to grant a stay of U.S. District Judge Lawrence K. Karlton’s order overturning the campaign financing law as unconstitutional.

Since Karlton threw out the contribution limits last week, candidates for statewide office have begun raising millions of dollars in unrestricted contributions.

Thursday, Supreme Court Justice Sandra Day O’Connor declined without comment to grant a similar request for a stay. But Rehnquist agreed to consider the issue in greater detail.

“The fact that he’s willing to entertain the arguements is a major success,” said an aide to Sen. Quentin L. Kopp (I-San Francisco), a Proposition 73 co-author acting as an attorney in the case.

Lawyers representing Democratic legislative leaders and labor unions who won the initial court order must file their response with the Supreme Court by Wednesday afternoon. At least until then, candidates for statewide and local office are free to continue raising as much money as they can.

“Today’s order is nothing more than calling for an opposition (rebuttal),” said Joseph Remcho, attorney for the Democratic leaders. “Once he gets it, I think he will decide our way, just like every other court that’s seen it has decided our way.”