No State Project live ep63 That's the way it works and other nonsense from Andy Maura

1,044 views · Published 3 May 2018 · 1:05:04 · Indexed 24 October 2026

Channel: Marc Stevens · 2018 · Entertainment

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Andy Maura, lawyer with the California Franchise Tax Board, when asked for facts proving the constitution applied to me just because I'm physically in California, told me, "That's how it works."  Andy has convinced himself that is evidence, that proves his claim.  

Greg Heninger, who works in the legal dept. with Andy, also claimed the constitution applies because it says so.  Both have convinced themselves that is a valid claim and not a circular argument.

The case I cited proving there is an exception to the anti-injunctive tax act is CalFarm Insurance Co. v. Deukmejian, 771 P 2d 1247.  The relevant quote is:

We recognized that "[t]he ban on prepayment judicial review found in the state Constitution must yield, of course, to the requirements of the federal Constitution." (P. 213.) Since the federal courts permitted prepayment relief in "those situations in which it is clear that `"under no circumstances" can the government prevail'" (p. 214; see Enochs v. Williams Packing Co. (1962) 370 U.S. 1, 7 [8 L.Ed.2d 292, 296-297, 82 S.Ct. 1125]), we adopted that same standard for state prepayment suits asserting federal constitutional issues.

Not a single California judge in over twenty years has recognized this ruling.

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