Skip to main content

View Diary: BREAKING: SCOTUS Will Hear Constitutional Challenge to DOMA! UPDATE: And PROP 8!! (201 comments)

Comment Preferences

  •  Sorry, to explain more clearly: (19+ / 0-)

    during the appeals process there was the question of whether the Prop 8 side even had the right to appeal the initial ruling.  Technically once a law is passed, it's the government's role to defend that law in court, and the government of California decided not to.  So the authors of Prop 8 fought for that right (a right they could have, but did not, assert in the proposition itself.)  

    It was such a thorny constitutional question that the 9th circuit bounced it back to the California Supreme Court for advice.  The CASC recommended that the original authors had that right, and the 9th took their recommendation.   As far as I thought, it was a shut case... but now SCOTUS is reopening it?  That's bad news for the Prop 8 authors: the best they can hope for is reassertion of the status quo, so they'll have to play defense on this one.

    Saint, n. A dead sinner revised and edited. - Ambrose Bierce

    by pico on Fri Dec 07, 2012 at 12:29:12 PM PST

    [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site