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MrCoffee

(24,159 posts)
Tue Feb 7, 2012, 06:46 PM Feb 2012

Californians should be really really pissed about today's latest Perry decision

The California Supreme Court and now the 9th Circuit have granted sponsors of initiatives standing to sue when the State declines to defend the initiative. That is just insane. It is a massive abrogation of State power to any lunatic who can get identified as an official sponsor of an initiative to speak on behalf of all Californians. An unelected, unaccountable, unanswerable lunatic not subject to anyone. That is madness.

If I were a Californian, I would be collecting signatures today to change that really, really, really bad rule.

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MrCoffee

(24,159 posts)
3. It's really not...the 9th had to ask the Cal Supremes for an opinion
Tue Feb 7, 2012, 06:53 PM
Feb 2012

The California Supreme Court granted the pro-Prop 8 people standing to sue on the State's behalf, when the State declined to defend.


It's unbelievable that the State Supreme Court would do that. That is a massive power grab away from the Executive branch (Governor/Attorney General).

MrCoffee

(24,159 posts)
4. That right there is the horrifying part of the opinion
Tue Feb 7, 2012, 06:54 PM
Feb 2012

Those same $$ are now allowed to stand in court on behalf of the citizens of the State where elected State officials decline to do so. It's obscene.

Gman

(24,780 posts)
5. It's a setup
Tue Feb 7, 2012, 06:55 PM
Feb 2012

If the SCOTUS is to be consistent, they have to rule AGAINST the 9th and say they do not have standing to sue, returning the case back to the 9th and the state of CA. CA again does not appeal, back to square 1 and the overturning of the ban stands.

And if the SCOTUS refuses to hear it, the net result is the same. Prop 8 is overturned.

And the SCOTUS has spent too much time and effort limiting who can sue. If they overturn this silly issue that doesn't mdje anybody money, the corporations have a lot to lose.

MrCoffee

(24,159 posts)
6. The 9th did the right thing by asking the Cal Supremes to certify the question
Tue Feb 7, 2012, 06:56 PM
Feb 2012

I had no idea that the Cal Supreme Court was so wack-a-doo as to grant standing to the proponents of the initiative. I'm literally floored by that.

Gman

(24,780 posts)
8. It could be a good thing because
Tue Feb 7, 2012, 07:39 PM
Feb 2012

It forces the SCOTUS into a bad position. My guess is the SCOTUS refuses to hear it but still leaves the core issue unsettled but protects corporations which is what really matters to them anyway.

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