Professional Engineers in California Government v. State Personnel Board

SCOTLAND, P. J., Dissenting.

I disagree with much of my colleagues’ analysis. In my view, the majority opinion constitutes unwarranted judicial second-guessing of decisions of the legislative and executive branches of government—second-guessing not compelled by the Constitution—and lacks an appreciation of the role of career executives in state government and the need for latitude in the selection of persons for career executive assignments. For reasons that follow, I conclude the trial court got it right in rejecting all of plaintiffs’ challenges to career executive assignments. Hence, I…