http://apnews.myway.com/article/20081119/D94I8U1G3.html
If the courts overturn the prop 8 vote due to lawsuits, can countersuits be filed?
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pastorables wrote:http://apnews.myway.com/article/20081119/D94I8U1G3.html
If the courts overturn the prop 8 vote due to lawsuits, can countersuits be filed?
Pastor Gary wrote:The members of the Supreme Court of California are elected, and the same voter majority that passed Prop 8 could vote every one of them off of the court.
dolfan wrote:Of course, the response to that is that the opponents of the proposition never thought they'd lose, so there was no harm in their view for letting it go to a vote even if it was a void exercise, constitutionally speaking, and they could just keep their powder dry until after the election if it should pass. Which, it did, didn't it?
MacUser wrote:Pastor Gary wrote:The members of the Supreme Court of California are elected, and the same voter majority that passed Prop 8 could vote every one of them off of the court.
http://en.wikipedia.org/wiki/California_Supreme_Court
Not exactly correct according to Wikipedia. They are first appointed by California Governors to serve 12 year terms and then approved by a retention vote in the next general election.
Hopefully after the 12 year renewal.. they can not be "retained". But the current Governor will still determine replacements.
dolfan wrote:Countersuits? No. But, counter-challenges? Yeah, and they're already in the pipeline.
So, here's the deal. They're arguing that the voters do not have the right to make this particular kind of constitutional amendment by ballot initiative. I don't know enough about California law to say if this is a good argument. But, that has to be the argument! They cannot say that the proposition's language itself is unconstitutional because, as it stands, the language IS part of the constitution of the state of California. You can't have a constitution that is unconstitutional as to itself. I'm not aware that the challenge is based on any federal rights of due process, either. Looks like, at least just in the news articles, this is a purely state constitutional issue and question.
forestwalker wrote:That's my expectation as well.
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