What is the burden of making out a case for a constitutional violation?

California, United States of America


The following excerpt is from Cal Fire Local 2881 v. Cal. Pub. Employees' Ret. Sys., 212 Cal.Rptr.3d 471, 7 Cal.App.5th 115 (Cal. App. 2016):

As respondents point out, however, in challenging the amended statutory scheme as contrary to our Constitution, plaintiffs face certain legal hurdles. "The party asserting a contract clause claim has the burden of making out a clear case, free from all reasonable ambiguity, a constitutional violation occurred." (Deputy Sheriffs' Assn. of San Diego County v. County of San Diego (2015) 233 Cal.App.4th 573, 578, 182 Cal.Rptr.3d 759.) " When the Constitution has a doubtful or obscure meaning or is capable of various interpretations, the construction placed thereon by

[212 Cal.Rptr.3d 478]

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