Prop 8 Question

[David Cruz]

Can we assume the Attorney General would (were he, counterfactually,
defending Prop 8)?

David B. Cruz
Professor of Law
University of Southern California Gould School of Law
Los Angeles, CA 90089-0071
U.S.A.


On 1/20/10 2:10 PM, "Steve Sanders" <stevesan at umich.edu> wrote:

> In a similar vein as Justice Scalia's critique of the use of legislative
> history, can we assume that the groups that formally pushed Prop 8 will
> accurately and properly represent the voters who enacted it?  How do we know
> what considerations and motives influenced any given pro-Prop 8 voter?  What
> if the groups pushing it (and now defending it) used deceptive arguments or
> lied to the voters about facts ("this will mean gay marriage is taught in
> schools," etc.), meaning the enactment could have been based, at least in
> part, on fraud?  We accept this in political campaigns, but aren't standing
> requirements (or, cf the FRCP 23 requirements for representing a class)
> usually more demanding?
> 
> Steve
> _____________________________________
> 
> Steve Sanders 
> Attorney, Supreme Court and appellate litigation practice group, Mayer Brown
> LLP, Chicago
> Co-editor, Sexual Orientation and the Law Blog
> Adjunct faculty, University of Michigan Law School (Winter term 2010)
> Email: stevesan at umich.edu
> Personal home page: www.stevesanders.net