Foytik v. Aronson

MOSK, J.

I concur in the conclusion that the two-thirds majority requirement violates the equal protection clause of the Fourteenth Amendment to the United States Constitution, but I dissent from the denial of relief to these petitioners, for the reasons discussed in my concurring and dissenting opinion in Westbrook v. Mihaly, ante, page 765 [87 Cal.Rptr. 839, 471 P.2d 487].

I would issue the peremptory writ of mandate. Mr. Justice Peters has authorized me to say he would also issue the writ.