Constitutional Law
Sep. 3, 2010
Will the State's Refusal to Defend Prop. 8 Result in Wasted Efforts?
If the state does not discharge its duty to defend Proposition 8, heartfelt interests will be lost in the shuffle of legal and political maneuvering, by Kristian Whitten.
By Kristian Whitten
In a state like California, whose Constitution allows "the People" to bypass the Legislature and the Governor to enact laws and provisions of the state constitution, should state elected officials who disagree with those laws enacted by the People be able to, in effect, void them by refusing to appear in federal court to defend them?
State law is trumped when it is in direct conflict with federal law and/or the ...
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