General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsCalifornians 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.
TheWraith
(24,331 posts)In fact, it's pretty much common in state law.
MrCoffee
(24,159 posts)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).
msongs
(67,406 posts)MrCoffee
(24,159 posts)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)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)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)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.