Opening Pandora's Box

Drew Beam

Anthony Pidgeon

Oakland attorney Lee Sanders accuses Big Tobacco of subverting the law with its secret diversion plan.

Critics say Sanders has little chance of winning the case. It will be difficult to convince the court that the judicial branch can tell the legislative branch how to spend money - a possible violation of the separation of powers. And unlike the lawsuits that ended the diversions in 1996, Sanders' case is asking the court to put millions of dollars that have already been spent back into anti-tobacco education. Former legislators like Isenberg also say Sanders is chasing after ethical windmills - he simply doesn't understand that crafting the state budget takes compromise.

Sanders, however, remains unfazed. "[The diversion] was wrong," he maintains. "So I filed my lawsuit, and I don't give a shit who says I can't win. When a democracy is run by the interests of the wealthy, we have a problem. This is a lesson on how democracy can fail, and the consequences are horrendous."