Another Mervyn's amicus brief

Many thanks to the reader who sent me yet another amicus brief in Mervyn's:

• Amici Curiae Brief of National Association of Consumer Advoates and Trial Lawyers for Public Justice (accepted for filing 09/29/05)

This brief makes two intriguing arguments: (1) the so-called "stautory repeal rule" should not be applied to voter initiatives; and (2) the so-called "statutory repeal rule" has been impliedly, and should be expressly, repudiated. The brief points out that the Supreme Court has not even mentioned this so-called "rule" since 1978—twenty-seven years ago—and that "in several cases, the Court discussed retroactivity in settings where, if of any remaining vitality, the statutory repeal doctrine would surely have been at least mentioned." NACA Amicus Brief at 7, 11-12 (citing Myers v. Philip Morris Cos., 28 Cal.4th 828 (2002); Hoffman v. Board of Retirement, 42 Cal.3d 590 (1986); and Balen v. Peralta Junior College District, 11 Cal.3d 821 (1974)).