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Religion & Law

: Constitutionally Correct

Could Prop 8 case fizzle before reaching Supreme Court?

By Alliance Alert

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Blog of LegalTimes: "[T]he possibility is real that the case might never make it on appeal all the way to the Supreme Court. That's because the advocates of Prop 8, who are launching the appeal, may not have the necessary 'standing' to carry it forward. The case is titled Perry v. Schwarzenegger, with Gov. Arnold Schwarzenegger and other officials in the position of defending the ballot initiative. But those officials, who are sympathetic toward gay marriage to varying degrees, are not inclined to appeal Walker's ruling . . . Cornell Law School professor Michael Dorf, while sympathizing with Walker's decision, wrote recently on his blog that a good argument can be made for standing when state officials are reluctant to defend a successful ballot initiative."

Full post as published by Constitutionally Correct on August 13, 2010 (boomark / email).

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