Key decision expected today from California Supreme Court on Prop. 8 case

This will be a big day. We’ll learn what the California Supreme Court is going to do on the standing issue in the Prop. 8 case:

The California Supreme Court will decide Wednesday whether to plunge back into the legal battle over same-sex marriage.

The state high court, meeting in closed session, will review a request by the U.S. 9th Circuit Court of Appeals to determine whether Proposition 8’s sponsors have legal authority to defend the ballot measure.

Depending on the court’s ruling, the 9th Circuit could either dismiss the Proposition 8 appeal on procedural grounds — limiting the case’s effect to California — or rule on federal constitutional questions that would affect same-sex marriage throughout the country.

The California Supreme Court could determine that supporters of Prop. 8 don’t have standing and can’t represent the State moving forward. The Ninth Circuit won’t get to the merits — and Judge Walker’s ruling that Prop. 8 is unconstitutional will stand (but only hold in California.)

For a refresher on the standing issue, check the post from Constitutional Law Prof. David Cruz: Do The Prop. 8 Proponents have standing to Appeal?


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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