As he promised, California Gov. Gavin Newsom issued a proclamation convening a special legislative session on Saturday after the state Assembly and Senate failed to pass a proposal he submitted on August 15 that would require the state’s refineries to maintain reserves to allegedly prevent “price gouging” when there are supply shortages. Of course, even analysts within Newsom’s administration agreed that the measure would lead to a further increase in prices instead of bringing Californians any kind of relief at the pump.
NEW: @CAGovernor Newsom is calling a special session to prevent gas price spikes & save Californians money at the pump.
🔗 https://t.co/Um5dcZ4gdF pic.twitter.com/kgrVrk6onK
— Governor Newsom Press Office (@GovPressOffice) September 1, 2024
Democrat legislative leaders objected to Newsom’s heavy-handed tactics because they’d already been working on various bills related to the issue and because they wanted time to study the potential impacts of Newsom’s proposal instead of rushing it through, and they’d been vocal all week about their position.
READ MORE: Newsom Tells CA Lawmakers He’ll Force Special Session If They Don’t Pass His Bill to Increase Gas Prices
After the Assembly adjourned for the session Saturday evening, the special session was convened in that house – and almost immediately adjourned until the call of the chair.
And within minutes, Special session adjourned until call of the chair.
— Ashley Zavala (@ZavalaA) September 1, 2024
But over in the Senate, it was a different story. Senate Pro Tem Mike McGuire, a Democrat, flat-out refused to convene the special session.
In response to Newsom’s call for special session on oil and gas prices…Senate Pro Tem Mike McGuire says the Senate won’t be convening the special session? pic.twitter.com/cDjecR17wD
— Ashley Zavala (@ZavalaA) September 1, 2024
So, what now?
One California legislature observer, Samantha Corbin, said:
Re special session, the law says:
(b) On extraordinary occasions the Governor by proclamation may cause the Legislature to assemble in special session. When so assembled it has power to legislate only on subjects specified in the proclamation but may provide for expenses and other matters incidental to the session.
“May cause.” It does not seem to be optional. But there also doesn’t appear to be a clear enforcement mechanism.
So if a house in the legislature refuses, what does the Governor do? Sue?
Newsom’s office then issued a statement saying basically, “Well, too bad, it already started”:
“The special session has already begun. The Governor has caused both houses of the Legislature to assemble in a special session by virtue of his proclamation. See Article IV, Section 3(b), of the California Constitution: “On extraordinary occasions the Governor by proclamation may cause the Legislature to assemble in special session. When so assembled it has power to legislate only on subjects specified in the proclamation but may provide for expenses and other matters incidental to the session.”
(Did they get an assist from Corbin?)
But in-house legislative law expert Chris Micheli told KCRA’s Ashley Zavala that’s not exactly the case:
“Both houses have to convene it at a day/time of their choosing. There is no enforcement mechanism. And I doubt Governor Gavin Newsom would take the Senate to court.”
Alex Vassar, a legislative historian, said he’s not aware of an instance of the legislature declining to convene for a called special session. But, he said, “there have been cases – for example, the first extra session of 1973 – that were opened, dispensed with, and closed within an hour or so.”
He also listed out the shortest special sessions in the California legislature’s history.
Just sitting here on the last night with my handy reference books.
Shortest sessions:
1973 1X – 1 hour
1907 1X – 1 hr 30 min
1911 2X – 2 hr 25 min
1926 1X – 4 hr
1919 1X – 4 hr
1950 2X – 5hr 45 min
1940 3X – 7 hr
Source: “California’s Legislature” by Dotson Wilson & @SacGreenbelt pic.twitter.com/0kdBV8U2xQ— Alex Vassar 📚 (@AlexCVassar) September 1, 2024
The saga will undoubtedly play out over the coming hours and days, but what’s already quite obvious is that California Democrats aren’t afraid of Newsom anymore, they’re not loyal to him, and they’re not going to carry his water. That does not bode well for his future career prospects.
Kamala might have really kneecapped this guy.
BONUS CONTENT:
With apologies to our readers who don’t like curse words in tweets even with asterisks in them, this must be shared.
Pro Tem telling the Governor to go f**k himself like:#CALeg (sound on 👇🏻) pic.twitter.com/uY4P5dJtsR
— Caucus Redux (@CaucusRedux) September 1, 2024
