S.1625 isn't going anywhere after the CA AG's office filed a damming position letter against it. With the Dems in control, those bills in congress will wither and die in this session. Besides, they would infringe on states rights, which is why the authors haven't been able to get a hearing in either house.
While the full faith and fair credit clause is often used as a way to justify interjurisdictional RON's, not a single proponent of RON has been able to site any case law to support their argument. Further, the full fait and fair credit clause does not compel ‘a state to substitute the statutes of other states for its own statutes dealing with a subject matter concerning which it is competent to legislate.' That is, in effect, what California would be doing in it's RON bill. Last, the AG's office has reviewed the bill and has not raised any constitutional concerns. Also, the bill includes a severability clause, so if the opponents of this provision are correct in their doubts about its unconstitutionality, they could litigate the full faith and credit issue. |
