A new legal effort to force California's governor and attorney general to defend Proposition 8 in court may have some political potency, but is unlikely to win in court, legal observers say. The Pacific Justice Institute, a conservative group that has filed a petition for a writ of mandamus with a state appeals court to force the governor and AG to defend the statute, is up against issues of executive branch discretion and separation of powers, said one law professor. He called the effort "a long shot."
September 02, 2010 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
A new legal effort to force California’s governor and attorney general to defend Proposition 8 in court may have some political potency, but is unlikely to win in court, legal observers say.
A conservative group on Tuesday filed with the state’s 3rd District Court of Appeal in Sacramento a petition for a writ of mandamus to force Attorney General Jerry Brown and Gov. Arnold Schwarzenegger to defend Proposition 8 — which the two office holders have publicly said they would not do.
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