Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 04 OCTOBER 2023

What Is The Governor's Authority To Appoint A U.S. Senator?

Allen Matkins Leck Gamble Mallory & Natsis LLP
Explore more from Allen Matkins Leck Gamble Mallory & Natsis LLP

Following the recent passing of Senator Diane Feinstein, California Governor announced the appointment of Laphonza Butler to complete Senator Feinstein's term in the U.S. Senate.

United StatesStrategy
Keith P. Bishop
Keith P. Bishop

Following the recent passing of Senator Diane Feinstein, California Governor announced the appointment of Laphonza Butler to complete Senator Feinstein's term in the U.S. Senate. Yesterday, Harvard Law Professor Stephen E. Sachs addressed the question of whether Ms. Butler's current residency in Maryland rendered her ineligible for appointment. Professor Sach's analysis focuses exclusively on the U.S. Constitution, but California law also has a say in the matter.

Since the office is a federal office, the starting point of any analysis must begin with federal law. The Seventeenth Amendment to the U.S. Constitution provides in relevant part:

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

See more popular content from

Article

The Colorado AI Law You Prepared For Is Gone, And The Rulemaking Comment Window Closes October 26

If your Colorado compliance program is built around impact assessments, it is built for a statute that will never take effect. Senate Bill 24-205, the first comprehensive state AI statute in the country, was scheduled to take effect June 30, 2026. Colorado instead repealed and replaced it with Senate Bill 26-189, signed May 14, 2026, whose principal requirements apply to consequential decisions made on or after January 1, 2027.
United StatesStrategy
Jones Walker LLP
Jones Walker LLP
Article

Contract Lifecycle Management And Why Legal Teams Need It

Contract lifecycle management has become the most widely adopted legal technology tool in corporate legal departments, addressing fundamental challenges around contract visibility, workflow automation, and risk management. Legal operations expert Jeff Reisner breaks down the CLM landscape, implementation considerations, and why this technology has emerged as the foundational piece most legal teams tackle first when modernizing their operations.
United StatesStrategy
Axiom
Axiom
Article

California SB 574 Would Bar Attorneys From Delegating The Practice Of Law To Generative AI

California Senate Bill 574 proposes a groundbreaking statutory framework that would prohibit attorneys from delegating legal practice to generative artificial intelligence, while imposing disclosure requirements and verification standards across litigation, arbitration, and court filings. The legislation raises fundamental questions about how traditional definitions of "the practice of law" apply to AI-augmented legal work, from document review to contract analysis. If signed by Governor Newsom, California
United StatesStrategy
A&O Shearman
A&O Shearman
Article

Ankura CTIX FLASH Update – September 22, 2026

This collection of insights from Ankura explores critical challenges facing multiple industries in 2026, from cybersecurity threats targeting AI assistants to the evolving landscape of freight capacity, cryptocurrency enforcement, and healthcare compliance. The articles examine how organizations navigate regulatory complexity, operational constraints, and emerging risks across financial services, logistics, healthcare, and technology sectors.
United StatesStrategy
Ankura Consulting Group LLC
Ankura Consulting Group LLC
Article

New Research Reveals A Great Divide In Beauty, Health & Wellness, With Executives And Consumers At Odds

A comprehensive study reveals that beauty, health, and wellness has transformed from discretionary luxury into an identity cornerstone, with young men emerging as the fastest-growing demographic and nearly 13,000 medspas now rivaling McDonald's locations across America. The research exposes a critical disconnect between what industry executives believe consumers want and what consumers are actually doing with their time, money, and trust.
United StatesStrategy
AlixPartners Asia LLC
AlixPartners Asia LLC
Article

More For The Missing-Middle: SB 1116 Expands Starter Home Revitalization Act (SB 684/1123)

California's Starter Home Revitalization Act receives significant enhancements through Senate Bill 1116, expanding site eligibility criteria, limiting local zoning restrictions, and invalidating certain private deed covenants to accelerate small-lot residential subdivisions. The legislation introduces streamlined 60-day ministerial approvals while establishing new rules for lot size averaging, height restrictions, and concurrent permit processing that fundamentally reshape the pathway for starter home devel
United StatesReal Estate and Construction
Allen Matkins Leck Gamble Mallory & Natsis LLP
Allen Matkins Leck Gamble Mallory & Natsis LLP
Article

California Links Data Center Permitting And Licensing To New Water Use Disclosure And Drought Planning Obligations

California has enacted comprehensive legislation requiring data center developers to disclose water usage and demonstrate supply adequacy before obtaining permits. These new laws impose water supply assessments, efficiency reporting, and drought contingency planning obligations that fundamentally reshape the regulatory landscape for data center development in the state.
United StatesEnvironment
Allen Matkins Leck Gamble Mallory & Natsis LLP
Allen Matkins Leck Gamble Mallory & Natsis LLP
Article

Understanding And Addressing Mechanic’s Liens On California Projects

Mechanic's liens pose significant challenges for property owners and developers in California construction projects, even when they have fulfilled their payment obligations. Understanding the strict procedural requirements, timing deadlines, and available remedies can help owners protect their projects from improper claims and efficiently resolve legitimate liens when they arise.
United StatesReal Estate and Construction
Allen Matkins Leck Gamble Mallory & Natsis LLP
Allen Matkins Leck Gamble Mallory & Natsis LLP
Article

Building An Affordable California Act: CEQA Reform For “Essential Projects”

California voters will soon decide on Proposition 45, the Building an Affordable California Act (BACA), which promises to revolutionize CEQA environmental review for essential projects including housing, infrastructure, and renewable energy developments. The initiative would establish vested CEQA standards, accelerated review timelines, and significantly reduced litigation risks for qualifying projects. Will this landmark reform provide the certainty developers need, or will ambiguities in its broad provisi
United StatesEnvironment
Allen Matkins Leck Gamble Mallory & Natsis LLP
Allen Matkins Leck Gamble Mallory & Natsis LLP
Article

Governor Newsom Signs Key Housing Bills Into Law

California Governor Gavin Newsom has signed multiple state housing bills into law that will take effect January 1, 2027, introducing significant changes to housing development regulations across the state. These new laws establish streamlined ministerial approval processes for various housing types, from high-density transit hub projects in major cities to townhomes and factory-built housing, while also reforming ADU regulations, permit processing requirements, and density bonus provisions. Will these legis
United StatesReal Estate and Construction
Allen Matkins Leck Gamble Mallory & Natsis LLP
Allen Matkins Leck Gamble Mallory & Natsis LLP
Article

Accelerated Permitting For Energy Projects Is Gaining Steam: Examining BLM's Approval Of New-Build Geothermal Plants On Federal Land In Nevada

The Bureau of Land Management has authorized the Pearl Geothermal Development Project using a controversial 14-day expedited environmental review process, marking the first new geothermal power plant approved under emergency permitting procedures implemented in response to President Trump's national energy emergency declaration. While the project underwent multiple phases of review over several years before final approval, questions remain about whether future projects conceived after these Alternative Arra
United StatesEnvironment
Allen Matkins Leck Gamble Mallory & Natsis LLP
Allen Matkins Leck Gamble Mallory & Natsis LLP
Article

CDFW Issues Comprehensive Additional Guidance For Candidate Bumble Bee Species

California's Department of Fish and Wildlife has issued comprehensive new guidance that dramatically expands protection requirements for four candidate bumble bee species under the California Endangered Species Act. The 2026 guidance introduces strict survey timelines, seasonal construction restrictions, and mandatory onsite biological monitoring that will significantly impact project planning and budgets across the state. Project developers now face narrow construction windows, 60-day advance survey submis
United StatesEnvironment
Allen Matkins Leck Gamble Mallory & Natsis LLP
Allen Matkins Leck Gamble Mallory & Natsis LLP
Article

San Francisco Unveils Reforms To Unlock Housing Pipeline

San Francisco's Board of Supervisors has approved sweeping housing reforms that dramatically reduce inclusionary affordable housing requirements and development impact fees. The legislation eliminates BMR obligations for projects under 25 units, slashes on-site requirements to 5% citywide, and cuts development impact fees by 67%, while a companion ballot measure seeks to expand the Affordable Housing Trust Fund to $125 million annually by 2036.
United StatesReal Estate and Construction
Allen Matkins Leck Gamble Mallory & Natsis LLP
Allen Matkins Leck Gamble Mallory & Natsis LLP