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Revisiting Standing: Proposition 8 in the Ninth Circuit
February 16, 2012
JURIST Columnist Vikram Amar, writing the inaugural edition of a column authored by the faculty of the University of California, Davis School of Law, says that the Ninth Circuit could have ruled that the initiative proponents lacked standing to defend Proposition 8, which may have been a more judicially sound method to invalidate the amendment as opposed to basing the decision on Romer v. Evans...Detractors likely see last week's ruling striking down California's ban on same-sex marriage, Proposition 8, as a result-oriented decision calculated to reinstate same-sex marriage in the Golden State and at the same time discourage Supreme Court review on account of the California-specific reasoning underlying the opinion. It is worth noting that Judge Reinhardt, the opinion's author,....  [more]

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