Perspective
Feb. 1, 2011
Prop. 8: The 9th Circuit’s Quick Kick
In an effort to resolve the Prop. 8 standing controversy, the 9th Circuit resorts to a rarely used legal procedure. By John C. Eastman of Chapman University School of Law.
Almost as rare as a third-down "quick kick" in football, the 9th U.S. Court of Appeals in early January utilized a procedure to "certify a question" to the state Supreme Court that will help determine whether the 9th Circuit has jurisdiction to reach the merits of the constitutional challenge to Proposition 8, currently pending before it. And while this quick kick is designed to eliminate the possibility of a punt return, it...
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