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Conservative group throws Hail Mary pass on Prop 8

By Alliance Alert

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 . . . There's a high standard to win a writ of mandamus. And in this case, the Pacific Justice Institute, which filed the petition, is up against issues of executive branch discretion, the separation of powers doctrine and an ambiguous state statute regarding the attorney general's obligation -- or discretion -- to defend the state in lawsuits, said UC Hastings College of the Law professor and appellate expert Rory Little."

Full post as published by Constitutionally Correct on September 02, 2010 (boomark / email).