Should Initiative Proponents Have Standing to Defend a Law When the State of California Won’t Do So?

As my colleague Doug NeJaime explains, the CA Supreme Court may address this question certified from the Ninth Circuit in the Prop. 8 (gay marriage) litigation. Adam Winkler tweets that regardless of what the CA Supremes decide, the 9th Circuit may still find no standing under Article III of the U.S. Constitution.
UPDATE: MORE, from Ethan Leib.

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