Thursday, December 18, 2008

Pros and cons of Prop. 8: It falls to Atty. Gen. Jerry Brown to present a thoughtful legal argument for, or against, the initiative.

12/18/08 Los Angeles Times: This Times editorial appears to suggest that if California Attorney General Jerry Brown opposes Proposition 8 on constitutional grounds, he should follow the precedent of the California Attorney General who opposed Proposition 14, when, in 1964, voters adopted that initiative to repeal and bar fair housing laws.

[The Times editors state that "In 1967, California Atty. Gen. Thomas C. Lynch argued against Proposition 14, a rollback of fair-housing laws that was ultimately found unconstitutional." The two cases that challenged Proposition 14 are Prendergast v. Snyder, 64 Cal. 2d 877 (1966), and Mulkey v. Reitman, 64 Cal. 2d 529 (1966), aff'd 387 U.S. 369 (1967). Lynch filed an amicus brief urging affirmance in Mulkey, 387 U.S. 369 (1967), 1585. But Attorney General Stanley Mosk appears to have been the California Attorney General who set the precedent that Lynch followed.]

No comments:

Commentators, Subjects and Cases