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Lyle Denniston: Who speaks for California on Prop 8?

By Alliance Alert

SCOTUSblog: "California?s Attorney General, Edmund G. Brown, Jr., formally notified the Ninth Circuit Court Friday night that the state will not appeal a federal judge?s ruling striking down the Proposition 8 ban on same-sex marriage. That position, along with a flurry of other filings in the Circuit Court, puts new emphasis on a basic issue: can anyone else carry on the case? And that comes down mainly to a question of state law: who speaks for California, legally? . . . Adding another element to the controversy over who may appeal is a claim by the local governing body of Imperial County, Calif., and its marriage licensing officer that they have their own, independent right to pursue an appeal. In a filing Friday in their own, related case pending in the Circuit Court, they asked to be allowed to support the Proposition 8 backers' plea for postponement."

Full post as published by Constitutionally Correct on August 16, 2010 (boomark / email).