California Supreme Court
Jun. 28, 2013
Who can defend initiatives? High courts disagree
A two-year old state Supreme Court decision loomed large in Wednesday's ruling by the U.S. Supreme Court declining to decide the Proposition 8 case.
Daily Journal Staff Writer
Two years ago, the state Supreme Court unanimously ruled that when the government refuses to defend a voter-passed ballot measure, its proponents have the legal power to step in and do so.
Their role "serves to safeguard the unique elements and integrity of the initiative process," wrote Chief Justice Tani Cantil-Sakauye.
That opinion loomed large in Wednesday's decision by the...
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