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U.S. Supreme Court

Oct. 18, 2016

Standing to defend a ballot initiative

Proposition 60 will be on the Nov. 8 ballot in California, and it attempts to give its proponent standing in two ways, though it appears both methods will fail. By John S. Caragozian and Nat Stern


In Hollingsworth v. Perry, 133 S. Ct. 2652 (2013), the U. S. Supreme Court held that California initiative proponents generally lack standing to defend their initiatives in federal courts. Scholars and initiative drafters have since proposed various methods to gain standing for initiative proponents, notwithstanding this holding.

Proposition 60 will be on the Nov. 8 ballot in California, and it attempts to give its proponent standi...

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