November 19, 2008

"Recall specter hangs over high court as it considers Prop. 8 challenges"

The LA Times offers this must-read article. I was thinking that the Court might be inclined to deny the original writ, sending this to the lower court and buying the Supreme Court a few years. Within those years, the California Legislature (or the people through the initiative process) could put a measure overturning Prop. 8 on the 2010 primary ballot. If it passed, it would moot the legal challenge. But the Chief Justice has a lot invested in the earlier gay marriage ruling, so I am not sure that this is the path he will want to take.

Posted by Rick Hasen at November 19, 2008 07:47 AM