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California budget: Have Republicans outfoxed Jerry Brown?

With time quickly running out and public opinion turning against him, Gov. Jerry Brown appears to have few options to save his California budget plan, none of them good.

Facing him are Republican legislators who dont want to allow a key element of his plan $12 billion in tax extensions go before a public vote. At stake is the $26.4 billion budget gap, which Governor Brown helped trim Thursday by approving $11.2 billion in cuts, including hikes in community-college fees and slashed welfare grants.

Brown insists that he can still sway four Republicans two in the Assembly and two in the Senate to back his tax-extension plan, giving it the votes needed to put it on the ballot this summer. But as the stalemate in Sacramento continues, and with polls showing Californians' support for the extensions slipping, some political scientists are asking whether Brown has been outflanked by a younger generation of politicians playing by different rules.

IN PICTURES: Jerry Brown through the years

What he fails to understand is that in today's highly polarized political arena, ideologically extreme position-takers consistently beat old-school partisan compromisers," says Lara Brown, a political scientist at Villanova University in Pennsylvania and author of Jockeying for the American Presidency.

This generation of politicians understands that Democrats "are better off fighting and standing their ground showing the liberal Democratic base in California that they are principled, than they are in giving into the demands from what is and has been for some time the minority party in the state, says Professor Brown.

The Republicans, meanwhile, "would also rather fight it out, because it allows them to cast the Democrats as extremist incumbents who are letting the state slip into insolvency, which then helps them in their attempt to recruit moderates and Independents," she adds. "Governor Brown, who came into politics in a different era, has yet to realize that he, like [former gov. Arnold] Schwarzenegger, will likely be the one to sustain the mortal wounds in this partisan duel.

With every passing day, Brown's task becomes more urgent. He wants to hold the special election before June 30, when the current tax rates expire. But the state needs 131 days to prepare for a special election (though it has held one in the past on 88 days advance notice).

Potential Plan BsNews reports suggest that Brown is looking at two options to bypass Republicans.

One would be to call a special election on a simple majority vote in the Legislature, as opposed to the two-thirds vote typical of such measures. A legislative counsel has suggested that method might be legal, but it would certainly be challenged by Republicans and might be seen by voters as legislative sleight of hand.

RELATED: Jerry Brown's California: Five big changes from 1975 to 2011

Another option would be to put the measure on the November ballot. But under that approach, current tax rates will have expired, meaning Brown would then be asking voters for a tax increase, not an extension. Polls show voters are more amenable to an extension. Moreover, a November ballot would delay a final budget solution months past the June deadline, likely forcing California to issue IOUs to pay its bills.

Brown has a few options, none of them great at this point,

If he and the Republicans agree on something, the unions might oppose it, and it wont get voter approval," he says. "If he puts something on the ballot with only Democrats supporting it, he may not get public approval because it looks partisan. If he goes the initiative route, he has to wait until November when the fiscal situation will be much worse. And there may be conservative initiatives on the same ballot.

To add to the bad news for Brown, polls show that support for the tax extension has dropped to 46 percent down from 53 percent in January.

Brown 'still focused on Plan A'Brown Press Secretary Gil Duran says Brown is still focused on getting Republican approval for the special election he needs. At this point, all those stories are just anonymously sourced noise, says Mr. Duran. Browns still focused on Plan A and believes the votes he needs are in the building.

Brown needled Republicans as he signed the $11.2 billion in budget cuts Thursday: "I find it shocking that elected representatives can so cavalierly say to people, 'Shut up, you have no right to weigh in on this.' "

Sabrina Lockhart, press secretary for Assembly Republican leader Connie Conway, counters that the Legislature must make more tough choices as opposed to falling back on tax revenues. These ideas include ... controlling state spending with a strict spending cap and reining in soaring public pension costs, she says.

But Brown could still have one trump card to play.

At some point soon, he will lay out his alternative to the tax extensions further budget cuts to cover the entire $26.4 billion deficit. The cuts would be breathtaking and could force some Republicans to compromise, says Barbara OConnor, director emeritus of the Institute for Study of Politics and Media at California State University, Sacramento.

She adds: Brown will release his all cuts budget soon and the alarm will be palpable.

IN PICTURES: Jerry Brown through the years

New York says Indian Point nuclear plant a fire risk

The Indian Point nuclear power plant has more than 100 fire code violations that could make it difficult to shut down the nearly 40-year facility in an emergency, New York's attorney general said on Monday.

The plant, which supplies as much as 30 percent of New York City's electricity, has been a constant target of the state, which is seeking to block its owner, Entergy Corp, from extending it operating license.

State Attorney General Eric Schneiderman said the owner of the plant, located about 40 miles north of the city, had sought waivers from federal regulators because it was in violation of the fire safety rules.

"In the wake of Japan's crisis, our country's nuclear facilities should be bolstering their safety measures, yet Indian Point is looking to weaken its precautionary measures," Schneiderman said in a statement.

A spokesman for Entergy said the number of fire code violations was about one-third the number cited by the state.

The company had alsoput in place extra safety protocols while it worked through the issue, including regular fire watch patrols conducted by employees.

"I don't believe there's ever been a fire that affected safety systems," plant spokesman Jerry Nappi said.

New York Governor Andrew Cuomo has long been a critic of the plant, and the state has filed a petition with the U.S. Nuclear Regulatory Commission urging it to take enforcement action against the plant.

Among the safety code violations were the lack of fire detectors or suppression systems in various locations, the inability of electrical cables to withstand fire damage for one to three hours and the plant's reliance on complex actions by employees to respond to fires rather than automatic systems.

NRC data showed that Indian Point was the nation's most vulnerable to an earthquake since it sits near a fault line, and the state has argued that New York City lies in the potential evacuation zone if there were to be an accident.

The region typically does not experience strong earthquakes, and Entergy has said the plant is safe.

The state power grid operator has said the city could face power outages if the plant is shut down without new supplies being built.

Entergy and the state are currently negotiating water permits regarding the plant's discharge of cooling water.

Shares of Entergy were slightly higher at $66.62 on the New York Stock Exchange.

(Reporting by Matt Daily; Editing by Steve Orlofsky)

College student shot to death at Ohio frat house

YOUNGSTOWN, Ohio – A day after an admired college student was shot dead at an Ohio fraternity house and 11 people were injured, the governor, college officials and friends were seeking explanation for the violence.

Jamail E. Johnson, 25, a senior at Youngstown State University, was killed Sunday as he tried to separate two groups at an Omega Psi Phi fraternity house party. Authorities say there had been a dispute, two men had left the gathering and then returned and sprayed bullets into the crowd. Among the 11 injured was a critically wounded 17-year-old.

Two suspects were arrested on charges of aggravated murder, shooting into a house and 11 counts of felonious assault, said Youngstown police Chief Jimmy Hughes. Braylon L. Rogers, 19, and Columbus E. Jones Jr., 22, were being held Monday at the Mahoning County Jail, said jail officials, who did not know whether the men were represented by attorneys.

A spokesman for the university did not immediately return a message Monday asking whether the men are or had been students at Youngstown State.

"This is one of those days that every university president across the country, as well as many other officials, always dread," university president Cynthia Anderson said at a news conference. Anderson said police assured her there was no threat to the campus.

Johnson and the others were shot off-campus at a two-story brick house in a neighborhood of once-elegant homes, many of which are now boarded up. The house party had been bustling with 50 or more people early Sunday, the police chief said.

Johnson apparently was trying to separate two groups when he was shot, Capt. Rod Foley said. He was shot once in the head and multiple times in his hips and legs, said Dr. Joseph Ohr, a forensic pathologist with the coroner's office. An autopsy is planned Monday.

Johnson had recently traveled to North Carolina for a fraternity program emphasizing manhood and scholarship, said Christopher Cooper, a legal officer for Omega Psi Phi fraternity.

Johnson "was just an excellent, excellent young man, and our loss runs deep," Cooper said.

The wounded ranged in age from 17 to 31; six were students. About half were shot in the foot, police said. Two were hit in the abdomen. The 17-year-old was wounded near one ear.

By Sunday afternoon, eight had been treated at a nearby hospital and released, spokeswoman Tina Creighton said. She said she could not release the conditions of the remaining three.

Roughly 15,000 students attend the urban campus in northeast Ohio near the Pennsylvania state line.

Members of the university-sanctioned fraternity lived at the house, though Cooper said the fraternity does not own it. He said that after the shooting, Johnson's fraternity brothers were "very solemn, very alarmed, very hurt."

A neighbor, Rodger Brown, 54, said the house and an adjacent home with Greek lettering, indicating a fraternity, often have parties on weekends but had caused no problems in the neighborhood.

"It's a nice, quiet neighborhood," Brown said.

Gov. John Kasich said he was "shocked and saddened" by the shootings. He offered the school the use of "any and all state resources they might require."

Kasich planned to meet Monday in Youngstown with Anderson and Mayor Jay Williams to discuss the shootings.

The university said counselors and clergy also would be available to students and others on campus.

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Associated Press writers Kantele Franko in Columbus, Ohio, and Sofia Mannos in Washington contributed to this report.

Super Bowl fans miss out because seats unsafe

ARLINGTON, Texas – Jerry Jones may have tried a little too hard to break the Super Bowl attendance record.

About 1,250 fans were displaced Sunday because their temporary seats were deemed unsafe — 400 who were not allowed inside, and 850 who were relocated elsewhere in the stadium.

The move angered fans.

"Jerry sold tickets he didn't own," said Glen Long, a Steelers fan from Baltimore. "They call that fraud anywhere in the world."

The NFL said the people relocated were put in "similar or better seats." Those turned away will be given a refund of triple the face value, which ranged from $600 to $1,200, but that might not be enough for folks who paid much more to scalpers, not to mention travel and hotel costs.

"We don't want (a refund)," said Odett Karam, a Packers fan from California. "We just want to get into the game. We just want to see the game."

Gerry Grillo, from New Jersey, said he paid $3,000 for a ticket with a face value of $600, so he's among those who lost money.

"Now they're saying it's (in an) invalid section ... saying give us three times the face value and go pound salt," Grillo said.

While most fans were allowed into the stadium, fans in the affected areas were put into a fenced off area, where they became increasingly unruly. There were chants of "Jerry Sucks!" and "NFL Sucks!"

One man shouted: "They're treating us like prisoners." Another said, "We came a long way for this."

Seating woes are the latest frustration for the first Super Bowl at Jerry Jones' $1.2 billion showplace.

A rare, severe winter storm moved into the area Tuesday, ripping holes in tents on the property and hampering travel and celebrations across the region. On Friday, six people at the stadium were injured by melting snow falling from the roof.

Organizers were hoping flawless game-day logistics would wipe out some of the complaints, but this seating problem could be an issue in the area's plans to bid for the 50th Super Bowl in 2016.

The affected areas were four entryways and two portions of the upper deck on the west end. All were above empty spaces, so the stability of those structures apparently was the issue.

In the upper deck, there were off-limits seats in the same rows as seats that were deemed safe. Yellow police tape was used as a dividing line, with uniformed personnel also keeping folks away.

"The safety of fans attending the Super Bowl was paramount in making the decision and the NFL, Dallas Cowboys and City of Arlington officials are in agreement with the resolution," the NFL said in a statement. "We regret the situation and inconvenience that it may have caused. We will conduct a full review of this matter."

About 15,000 temporary seats were added to the stadium in a bid to set the record for the largest crowd in Super Bowl history. Jones was aiming for more than 105,000, including stadium workers and media, and fans who bought standing room tickets for plazas outside the stadium.

The temporary seats filled open platforms that are usually standing-room only "party pass" areas for Cowboys games. The entryways were on the third level, while the upper deck is on the fifth level.

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AP National Writer Paul Newberry and AP Sports Writer Stephen Hawkins contributed.

Hansbrough leads No. 9 Notre Dame

SOUTH BEND, Ind. – Ben Hansbrough scored 25 points and Carleton Scott had 12 points and 11 rebounds to lead No. 9 Notre Dame to its fifth straight win, 76-69 victory over Rutgers on Sunday.

The Irish (19-4, 8-3) reclaimed sole possession of second place in the Big East behind No. 4 Pittsburgh and will host No. 15 Louisville on Wednesday.

Scott Martin had 14 points for Notre Dame and Tim Abromaitis added 10.

Jonathan Mitchell scored 24 points for Rutgers (12-11, 3-8) while Dane Miller added 11.

Notre Dame was 27 of 34 from the free throw line and scored only two field goals over the last 8 minutes. Rutgers was 8 of 12 from the line.

Notre Dame pulled away from a 7-7 tie with a 17-6 run that included five straight points and a nice assist by Hansbrough. The Irish stretched the lead to 25-15 before a 3-pointer by the Scarlet Knights' James Beatty started a 7-0 run and got Rutgers within 25-22.

Notre Dame led 37-33 at halftime with Hansbrough scoring 10 points.

The teams battled evenly in the second half before two free throws by Martin started an 8-2 run that made it 51-43 with 12:36 to play. Consecutive 3-pointers by Rutgers made it a two-point game before a layup by Hansbrough sparked an 11-2 run that gave the Irish a 62-51 lead.