Posted by Dale Carpenter: California Supreme Court "interested" in challenge to Prop 8: http://volokh.com/archives/archive_2008_11_09-2008_11_15.shtml#1226699261
That's according to the title of [1]this story in the San Francisco Chronicle . Apparently, the state high court has ordered the state attorney general to respond to the lawsuit filed by opponents of Prop 8 last week arguing that the measure was an unconstitutional "revision" of the state constitution rather than an "amendment." (For my thoughts about the substance of the lawsuit, see [2]my post here. For Eugene's more skeptical view of the claim, see [3]his post here.) According to the story, the response is to be limited to the question whether the state supreme court should even hear the dispute and whether it should enter a stay, or dismiss the suit and let it be litigated initially in the lower state courts. I know almost nothing about California state court practice and would be interested in whether those who do know more about it see this as a signal that, as the Chronicle puts it, "the justices are taking the cases seriously." References 1. http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/11/13/BAMU1449RR.DTL 2. http://www.volokh.com/posts/1226036505.shtml 3. http://www.volokh.com/posts/1225923130.shtml _______________________________________________ Volokh mailing list [email protected] http://lists.powerblogs.com/cgi-bin/mailman/listinfo/volokh
