Standing to Defend Prop. 8

Dan82 · Aug 15, 2010

http://volokh.com/2010/08/15/standing-to-defend-prop-8/

On Thursday, Judge Vaughn Walker denied gay marraige opponents’ motion for a stay of his ruling in Perry v. Schwarzenegger declaring Proposition 8 to be unconstitutional. One of the reasons offered by Judge Walker was that he doubts whether Prop. 8’s defenders have standing to appeal his ruling. Although Judge Walker allowed them to intervene in the case to defend the ballot proposition’s constitutionality when California Attorney General Jerry Brown refused, he does not think they have the requisite interest in the case to satisfy the requirements of Article III standing. This raises some interesing issues, which I discuss below the fold...

http://volokh.com/2010/08/15/standing-to-defend-prop-8/
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Standing to Defend Prop. 8

Dan82 Full Member

Dan82
Full Member