CA Supreme Court won’t make Gov. and AG defend Prop. 8

So, the anti-gay supporters of Prop. 8 went to state court to force the Governor and Attorney General to defend the case on appeal. They lost:

The state Supreme Court refused to come to the aid of California’s embattled ban on same-sex marriage Wednesday, denying a conservative group’s request to order Gov. Arnold Schwarzenegger and Attorney General Jerry Brown to appeal a federal judge’s ruling striking down the voter-approved measure.

The state officials’ decision not to argue in support of Proposition 8 has raised questions about whether anyone is legally qualified to defend it in court. The Pacific Justice Institute filed suit last week, arguing that the California Constitution requires Brown to defend the state’s laws.

A state appeals court dismissed the suit without a hearing, and the state’s high court denied review Wednesday without comment.

The pro-Prop. 8 forces are freaking. They may not have standing to appeal Judge Walker’s decision. In its order to the parties, the Ninth Circuit instructed the pro-Prop. 8 side to address standing:

In addition to any issues appellants wish to raise on appeal, appellants are directed to include in their opening brief a discussion of why this appeal should not be dismissed for lack of Article III standing.

Last month, USC Con. Law Professor David Cruz wrote a post for us on the issue of standing. It’s very good and worth a read.


On October 27, 2010, Joe was one of five bloggers who interviewed President Obama. Joe is a DC-based political consultant with over twenty-five years of experience at both the state and federal level. Joe has managed political operations and legislative efforts for both candidates and issues-based organizations. For seven years, he was the Director of State Legislation at Handgun Control, Inc. He served as that organization's first Political Director during the 2000 cycle. Joe is a graduate of the University of Maine School of Law. In addition, he has a Masters in Public Administration from Lehigh University and received his B.A. from the University of New Hampshire. Joe also has a fun dog, Petey, a worthy successor to Boomer, who got Joe through eight years of Bush and Cheney. Joe likes to think he is a world class athlete having finished the 2005 Chicago Marathon in the time of 4:10. He has completed six other marathons as well -- and is still determined to break the four hour mark.

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