McClung v. Employment Development Department

Opinion

CHIN, J.

“It is, emphatically, the province and duty of the judicial department, to say what the law is. Those who apply the rule to particular cases, *470must of necessity expound and interpret that rule.” (Marbury v. Madison (1803) 5 U.S. 137, 177 [2 L.Ed. 60].)

This basic principle is at issue in this case. In Carrisales v. Department of Corrections (1999) 21 Cal.4th 1132 [90 Cal.Rptr.2d 804, 988 P.2d 1083] (Carrisales), we interpreted Government Code section 12940 (hereafter section 12940), part of the California Fair Employment and Housing Act (FEHA). Later, the Legislature amended that…