We can fight it both in court and at ballot, its not an either or situation.
Why should we give up a tool that would nullify an illegal law? We have the right to the ballot as much as to bear
Because it won't nullify it...all it will do is determine popular opinion. Mob rule /= Law in this country, despite what the "Democracy Now" types would tell you.
At best it would give OMalley fodder for changing the wording in the bill to pass it next year. The other outcome is that it gives the courts reason to NOT overturn it....knowing that the public is in favor of it.
Look at the ambulance fees in MoCo. Passed, went to referendum last time around, and was voted down by the public. This year, Leggett passed it again anyways.
If a court rules once an for all that it is not Constitutional, then they're done, and we win.