Today in Supreme Court History: September 7

Uhler v. AFL-CIO, 105 S.Ct. 5 (decided September 7, 1984): Rehnquist says federal courts have no jurisdiction to stay California Supreme Court’s striking from the ballot a referendum requiring the legislature to apply to Congress for a Constitutional Convention to add a “Balanced Budget Amendment”; California court had held that under Article V of the U.S. Constitution a Convention can be called only by the State Legislatures on their own initiative (and not as directed by referendum) and also that referendum was improper under the California Constitution (the Balanced Budget Amendment, pushed by Reagan-era Republicans -- a new definition of “chutzpah” -- fell two states short of the two-thirds required under Article V, and also failed to make it via the other Article V route, passage of two-thirds of each House of Congress)