The latest absurdity comes from UC-Berkeley professors Erwin Chemerinsky and Aaron Edlin. They’ve offered a novel argument for why this type of election, which is embedded in the state Constitution, is unconstitutional. They’re concerned that the winning candidate might end up with fewer votes than the “no” side on the recall question.

“The most basic principles of democracy are that the candidate who gets the most votes is elected and that every voter gets an equal say in an election’s outcome” they argued in a New York Times op-ed. “The California system for voting in a recall election violates these principles and should be declared unconstitutional.”

That’s a fascinating legalistic theory, but simply is a contortion that would gut the state’s direct democracy in service to short-term political preferences. As Johnson noted in his first inaugural address, “The opponents of direct legislation and the recall, however they may phrase their opposition, in reality believe the people cannot be trusted.”