What’s up, Dean?

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Hey, Al.  How ’bout a post explaining the challenge to Prop 8 in California?  It sounds like your dean made a very novel and troubling argument on behalf of the proposition: that voters can overrule rights guaranteed by the state constitution with a simple majority vote.

I haven’t paid just incredibly close attention to it, so maybe I’ve gotten the wrong impression.  Or maybe it was misreported.  What gives?

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3 Responses to “What’s up, Dean?”

  1. DeJon05 Says:

    I second this request.

    Of course, I half suspect our resident legal scholar will say his appellate brief is attenuating his ability to provide a full-throated analysis of Starr’s arguments.

    But what am I supposed to do, research it myself? psh.

    • michaellasley Says:

      I’m not sure about the particulars of Starr’s argument. Here’s a bit from the LA Times that might address the issue you mention JU — voters overturning inalienable rights and whatnot: “The lawyer who fared the worst at Thursday’s hearing was state Senior Assistant Atty. Gen. Christopher Krueger, who argued that Proposition 8 should be overturned because it repealed an ‘inalienable right’ without compelling justification.

      Atty. Gen. Jerry Brown came up with that novel legal theory after initially saying he would defend Proposition 8.”

      It would appear that argument didn’t go over well.

  2. alsturgeon Says:

    Alright, new post coming up. Be gentle. As with my legal career to date, I’m speaking of things beyond my field of expertise.

    (Note to self: develop a field of expertise.)

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