Hammer's a very bright attorney and he's not entirely wrong in his op-ed.
But when you break it down, policy isn't the problem. The problem is cultural.
California is perhaps the hotbed of cultural insanity, where most of the rest of the Nation scratches its head in stunning disbelief at the garbage that the politicians there foist on its people.
This didn't come by itself. Cultural shifts, especially in that leftist state (with an acknowledgement to the few pockets of sanity that remain) have driven policy.