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Prop 8 Supporters Allowed To Appeal

Started by jimmy olsen, November 17, 2011, 05:51:22 PM

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Eddie Teach

You would think with all the rumors flying around that Perry would be more quiet on this issue.
To sleep, perchance to dream. But in that sleep of death, what dreams may come?

Ideologue

Quote from: Peter Wiggin on November 18, 2011, 10:01:21 AM
You would think with all the rumors flying around that Perry would be more quiet on this issue.
:lol:

There are three levels of the federal court system...
Kinemalogue
Current reviews: The 'Burbs (9/10); Gremlins 2: The New Batch (9/10); John Wick: Chapter 2 (9/10); A Cure For Wellness (4/10)

fhdz

Quote from: Ideologue on November 18, 2011, 10:11:50 AM
Quote from: Peter Wiggin on November 18, 2011, 10:01:21 AM
You would think with all the rumors flying around that Perry would be more quiet on this issue.
:lol:

There are three levels of the federal court system...

:lol:
and the horse you rode in on

alfred russel

They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.

There's a fine line between salvation and drinking poison in the jungle.

I'm embarrassed. I've been making the mistake of associating with you. It won't happen again. :)
-garbon, February 23, 2014

Habbaku

The medievals were only too right in taking nolo episcopari as the best reason a man could give to others for making him a bishop. Give me a king whose chief interest in life is stamps, railways, or race-horses; and who has the power to sack his Vizier (or whatever you care to call him) if he does not like the cut of his trousers.

Government is an abstract noun meaning the art and process of governing and it should be an offence to write it with a capital G or so as to refer to people.

-J. R. R. Tolkien

Ideologue

Kinemalogue
Current reviews: The 'Burbs (9/10); Gremlins 2: The New Batch (9/10); John Wick: Chapter 2 (9/10); A Cure For Wellness (4/10)

DontSayBanana

Experience bij!

ulmont

Quote from: Ideologue on November 18, 2011, 09:58:39 AM
P.S. the CA Supreme Court is only involved tangentially here because the Ninth Circuit certified to them (i.e., asked them to decide) the question of standing to challenge this law before the Ninth Circuit, because standing to bring the appeal to defend a state ballot initiative depends upon California, not federal law.  At least, I think that's it.  I just skimmed the first part of the Nov. 17 opinion.

Standing in a federal court is a federal issue.  However, in this particular posture, there are 2 issues of state law that inform federal standing:

1) Who has the right to assert California's interest in defending the (US) constitutionality of California's constitution and laws?
2) Do proponents of an initiative have a "particularized interest" in defending its constitutionality so as to give them standing in their own right?

Ultimately, the CA Supreme Court decides that the proponents of an initiative may assert California's interest in defending the initiative's constitutionality.  Which makes sense, since the whole point of an initiative is to pass something the elected government isn't interested in passing; if the government could then just refuse to defend the initiative, that initiative right would be relatively pointless.

fhdz

and the horse you rode in on

Ideologue

Quote from: ulmont on November 18, 2011, 01:39:51 PM
Quote from: Ideologue on November 18, 2011, 09:58:39 AM
P.S. the CA Supreme Court is only involved tangentially here because the Ninth Circuit certified to them (i.e., asked them to decide) the question of standing to challenge this law before the Ninth Circuit, because standing to bring the appeal to defend a state ballot initiative depends upon California, not federal law.  At least, I think that's it.  I just skimmed the first part of the Nov. 17 opinion.

Standing in a federal court is a federal issue.  However, in this particular posture, there are 2 issues of state law that inform federal standing:

1) Who has the right to assert California's interest in defending the (US) constitutionality of California's constitution and laws?
2) Do proponents of an initiative have a "particularized interest" in defending its constitutionality so as to give them standing in their own right?

Ultimately, the CA Supreme Court decides that the proponents of an initiative may assert California's interest in defending the initiative's constitutionality.  Which makes sense, since the whole point of an initiative is to pass something the elected government isn't interested in passing; if the government could then just refuse to defend the initiative, that initiative right would be relatively pointless.

Cool. :)
Kinemalogue
Current reviews: The 'Burbs (9/10); Gremlins 2: The New Batch (9/10); John Wick: Chapter 2 (9/10); A Cure For Wellness (4/10)

Ideologue

#25
Quote from: fahdiz on November 18, 2011, 01:41:16 PM
Quote from: Ideologue on November 18, 2011, 01:20:23 PM
Quote from: alfred russel on November 18, 2011, 12:45:46 PM
Thanks Ide.

My education wasn't wasted. :cry:

Don't be so hasty! :P

You're just jealous because you didn't get your quasi-worthless degree. :blurgh:

(Of course, if I get that gubmint job, it's IBR and ten years and then it's HA HA EAT IT TAXPAYER).
Kinemalogue
Current reviews: The 'Burbs (9/10); Gremlins 2: The New Batch (9/10); John Wick: Chapter 2 (9/10); A Cure For Wellness (4/10)

fhdz

Quote from: Ideologue on November 18, 2011, 01:46:51 PM
You're just jealous because you didn't get your quasi-worthless degree. :blurgh:

Oh, I definitely received a quasi-worthless degree.
and the horse you rode in on

Siege

Quote from: DGuller on November 18, 2011, 09:45:46 AM
What if California courts decide that under the laws in place in California, people suspected of being illegal immigrants could be summarily executed?

Good idea!


"All men are created equal, then some become infantry."

"Those who beat their swords into plowshares will plow for those who don't."

"Laissez faire et laissez passer, le monde va de lui même!"


Siege



"All men are created equal, then some become infantry."

"Those who beat their swords into plowshares will plow for those who don't."

"Laissez faire et laissez passer, le monde va de lui même!"


Razgovory

I've given it serious thought. I must scorn the ways of my family, and seek a Japanese woman to yield me my progeny. He shall live in the lands of the east, and be well tutored in his sacred trust to weave the best traditions of Japan and the Sacred South together, until such time as he (or, indeed his house, which will periodically require infusion of both Southern and Japanese bloodlines of note) can deliver to the South it's independence, either in this world or in space.  -Lettow April of 2011

Raz is right. -MadImmortalMan March of 2017