Huffman and Leno. . . sent a letter to Lockyer on Wednesday asserting that sale of the bonds would be illegal until resolution of litigation challenging Gov. Arnold Schwarzenegger's veto of budget language on conditions for financing of the project.
The language prohibited issuance of bonds until the California Department of Corrections and Rehabilitation determined that it could lawfully double-cell condemned inmates; federal court litigation on prison overcrowding currently before a three-judge panel was resolved; and the correction department completed California Environmental Quality Act analyses for any modifications to the project.
Huffman said the governor had no authority to use the line-item veto on policy language.
This delay may be good news for death penalty activists, but its long term impact on the death penalty will depend, to a large extent, on the next administration and on the 2010 elections.
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