Opposition by California Attorney General to Motion to Realign Attorney General, filed 10-28-09
In Perry v. Schwarzenneger, the official Prop. 8 proponents filed a motion to realign California Attorney General as a plaintiff, even though the Attorney General has been characterized as a "nominal defendant." In their opposition, plaintiffs state,
The Attorney General should remain a defendant in order to preserve this Court's ability to award Plainiffs the full relief that they seek: an injunction immediately directing the chief legal officer of California - and every state official subject to his supervising authority - to cease enforcing Prop. 8. An injunction against the Attorney General is the most effective means of ensuring that any remedial order issued by this Court is immediately implemented on a statewide basis.Thanks to California attorney Rick Xiao for alerting me to these filings.