U.S. Supreme Court,
Government,
Civil Rights
Jan. 31, 2013
When public officials choose to ignore duly enacted laws
In both same-sex marriage cases before the high court, the respective state and federal attorneys general refused to defend initiatives or legislation, and without their appearance as counsel a government party has no standing.
Lawrence Waddington
Neutral, JAMS
Email: waddington1@aol.com
Lawrence is a retired Los Angeles County Superior Court Judge and former assistant attorney general for the state of California. He is author of "Disorder in the Court" at Amazon.com. He also edits the 9th Circuit blog, "The 9th Circuit Watch."
When the U.S. Supreme Court granted certiorari in two same sex marriage cases, one in California and the other from New York, the justices requested submission of points and authorities on the merits of the dispute but also ordered briefing on the standing of the parties. Hollingsworth v. Perry, No. 12-144; U.S. v. Windsor, No. 12-307. Standing is a jurisdictional issue interpreted frequently by state and federal courts, but in Perry and Windsor the Supreme Cour...
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