Daniel Weintraub has a great post about the oral argument over whether Prop. 77 stays on the ballot. His post is titled ‘Stop thinking like a lawyer’ — a quote from one of the justices to the lawyer for the A.G.’s office:
[Presiding Justice Arthur Scotland] had the quote of the day when he asked Vickie Whitney, the deputy attorney general arguing the case for Bill Lockyer, to “stop thinking like a lawyer” and put herself in the shoes of the “average voter” looking at the discrepancy in this case.
“Don’t you honestly think,” Scotland asked, “that the voter would say, ‘What’s the big deal?’”
Based on the post, it sounds like the decision will issue on Tuesday and is likely to be 2-1 — though which way it will come out is anyone’s guess.