Prop 8 Update: Appealing the Lack of Appeal

Dan82 · Sep 4, 2010

http://theonebestway.wordpress.com/2010/09/04/prop-8-update-appealing-the-lack-of-appeal/

The Pacific Justice Institute (PJI), a conservative legal organization, has taken to the California courts to try to force either Attorney General Jerry Brown or Governor Arnold Schwarzenegger to appeal the federal circuit court ruling that struck down Prop 8. California’s 3rd District Court of Appeal rejected their request without comment, and they plan to appeal to the Supreme Court of California.

I expect they will lose, but first let’s see their argument. The reason they are trying to force one of the state’s top officials to appeal the Prop 8 ruling is because of doubts that the private group allowed to defend it at trial will have legal standing to appeal it. If no one has standing to appeal, the District Court ruling will stand. Their legal argument is that the AG has no discretion in defending state laws, that he must appeal. (Brown’s argument is that he cannot be required to defend a law he believes is unconstitutional). And they claim that because the state constitution gives the Governor final say when he disagrees with the AG on a legal issue, the Governor must file an appeal if the AG doesn’t.

This case is a legal mess, top to bottom. Let’s start with the claim that the AG has no discretion on defending state laws. I can’t claim to know California statutes well, but I doubt this is the case. There is no plausible reason to deny an AG such discretion. Assume, for example, that a state passed a law mandating that the property of all non-orthodox churches would be confiscated without process or compensation. Such a law would explicitly violate at least three constitutional provisions, and no reasonably intelligent state AG would waste state resources defending it...

http://theonebestway.wordpress.com/2010/09/04/prop-8-update-appealing-the-lack-of-appeal/
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Revan · Sep 4, 2010

Sigh...will it just END already -_-

titaniumCloset · Sep 4, 2010

We'll win, that's for sure.

excuseyou77 · Sep 4, 2010

Gay marriage is going to happen at some point. Some people just need to deal with it and get over themselves.

Prop 8 Update: Appealing the Lack of Appeal

Dan82
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Prop 8 Update: Appealing the Lack of Appeal

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