[EL] BREAKING NEWS: DOMA struck down, Prop 8 dismissed on standing

[BZall at aol.com]

Well, I was prevailing counsel in Arizonans for Official English,  the case 
discussed in today's standing decision, after my client successfully  
intervened after judgment in that case to take the case higher. 
 
The question is really about who represents the State; that's usually set  
by state law, and usually is the Attorney General, but models do vary. My 
view  is that a State could pass such a law and that such a law would be  
effective to meet at least part of the Court's concerns about "legislator  
standing." In fact, most of the initiative propositions I drafted after  this 
case included express standing clauses to reach just this point. Note,  
however, that this is not necessary when there is an actual injury to the  
proponents or circulators, as in Buckley v ACLF, but only when the proponent is  
seeking to defend after the voters have approved and no one else with standing  
is also in the case. 
 

Barnaby Zall 
Of Counsel 
Weinberg, Jacobs & Tolani,  LLP 
10411 Motor City Drive, Suite 500
Bethesda, MD 20817
301-231-6943  (direct dial) 
bzall at aol.com  
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In a message dated 6/26/2013 1:16:50 P.M. Eastern Daylight Time,  
Mark.Scarberry at pepperdine.edu writes:

 
Under  the Prop 8 decision, could the voters (or legislature) of a state 
give  standing to initiative proponents by enacting a law providing that they 
would  represent the state in challenges to initiatives, with state 
officials also  representing the state (if the officials chose to do  so)? 
Mark 
Mark  S. Scarberry 
Professor  of Law 
Pepperdine  Univ. School of Law 
 
 
From:  law-election-bounces at department-lists.uci.edu  
[mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of  Justin Levitt
Sent: Wednesday, June 26, 2013 7:37  AM
To: law-election at uci.edu
Subject: [EL] BREAKING NEWS:  DOMA struck down, Prop 8 dismissed on  
standing

 
_BREAKING  NEWS: DOMA struck down, Prop 8 case dismissed on  standing_ 
(http://electionlawblog.org/?p=52197) 
 
Posted  on _June  26, 2013 7:34 am_ (http://electionlawblog.org/?p=52197)  
by _Justin  Levitt_ (http://electionlawblog.org/?author=4) 
 
DOMA  has been struck down as unconstitutional. Prop 8 case from California 
 dismissed on standing grounds (initiative proponents have no cognizable 
injury  distinct from the general population). I haven’t yet read thoroughly, 
but  SCOTUSblog reports that neither finds a constitutional right to 
same-sex  marriage. 
DOMA decision  is _here_ 
(http://www.supremecourt.gov/opinions/12pdf/12-307_g2bh.pdf) ;  Prop 8 is _here_ 
(http://www.supremecourt.gov/opinions/12pdf/12-144_8ok0.pdf) . 
Both  5-4, very different majorities. DOMA is Kennedy, Ginsburg, Breyer, 
Kagan,  Sotomayor; Prop 8 is Roberts, Scalia, Ginsburg, Breyer, Kagan. 
 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=52197&title=BREAKING%20NEWS:%20DOMA%20struck%20down,%20Prop%208%20case%20dismisse
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Posted  in _legislation and  legislatures_ 
(http://electionlawblog.org/?cat=27) , _voter initiatives_ (http://electionlawblog.org/?cat=61)   | Comments 
 Off

-- 
 
 
Justin Levitt
 
Associate Professor of Law
 
Loyola Law School
 
213-736-7417
 
_justin.levitt at lls.edu_ (mailto:justin.levitt at yale.edu) 
 
_ssrn.com/author=698321_ (http://ssrn.com/author=698321) 



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