Kopp v. Fair Political Practices Commission

KENNARD, J., Concurring and Dissenting.

I concur in the judgment.

I agree with the Chief Justice and Justices Mosk and Werdegar that this court may not issue a writ of mandate commanding *679enforcement of Proposition 73 and that we may not reform Proposition 73 to avoid constitutional infirmity. Unlike my colleagues, however, I do not base these conclusions on a determination that Proposition 73 is not amenable to judicial reformation (although I would so determine were I to reach that question) but on the far simpler ground that we must give full faith and credit to the federal judgment that has…