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The Prop 8 Argument

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Marcia Coyle has this post at BLT on the Proposition 8 argument.  The transcript is here. CJLF takes no position on the underlying gay marriage issue.  My main concern here is the claim that the proponents of an initiative have no standing to defend it in court, so an initiative can be effectively nullified merely by finding one judge to strike it down if the executive authority of the state fails to defend it.

We just might be proponents of an initiative our governor doesn't like in the near future, so this is a serious concern.

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Anyone else notice that the California Bar hasn't said anything about California AG Kamala Harris? The bar usually has strongly negative opinions about lawyers who abandon their clients, but Harris has completely shirked her duties to defend California law and has thus far escaped any discipline.

It's inconceivable that the California Bar would react the same way if a criminal defendant were to face trial or an appeal without a lawyer. So where's the outrage today?

Harris is certainly entitled to think that the Prop 8 is a bad idea, but she could think that while defending the law in the Supreme Court. Her decision not to defend the law should -- but apparently does not -- carry some severe personal consequences.

Regarding chief legal officers abandoning their jurisdiction's statutes, tune in tomorrow, same time, same channel.

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