Recall specter hangs over high court as it considers Prop. 8 challenges

[cboy4]

Backers of the measure banning gay marriage have said they will target justices who vote to overturn it. Legal scholars say the court has no clear path to tossing out Prop. 8.

By Maura Dolan
November 19, 2008

Reporting from San Francisco -- Six months ago, California's highest court discarded its reputation for caution and ended the state's ban on same-sex marriage.

Now the moderately conservative state Supreme Court is being asked to take an even riskier step -- to overturn the November voter initiative that reinstated the gay-marriage ban and possibly provoke a voter revolt that could eject one or more of the justices from the bench.

The court is under intense pressure from all sides. Its first response to the challenges may come today, when the justices meet privately in a weekly conference to decide which cases to accept for review.

Legal scholars say case law does not give the court a clear path for overturning the voter-approved measure. The state high court -- six Republicans and one moderate Democrat -- generally defers to the will of the people. Only twice has the court rejected initiatives on the legal grounds cited by opponents of Proposition 8.

Despite the uncertainties, Gov. Arnold Schwarzenegger has said publicly that he expects and hopes that the state high court will reject Proposition 8.

Atty. Gen. Jerry Brown, whose office must defend it, opposed the measure, and 44 legislators have called on the court to overturn it.

http://www.latimes.com/news/printedition/front/la-me-prop8-supreme-court19-2008nov19,0,5168221.story

[bluedawg12]

1. Talk about intimidation, "black lists" and retribution - recalling judges

the ultimate fear tactics from the rw and their nasty,vicious interference with the execution of justice.

Ah, the old, "Activist judges" theme re-emerges.

[cboy4]

2. It's something else, isn't it? And we're the ones being accused

of coercion. :eyes:

[Maat]

3. I'd fight the recall tooth and nail ...

Der Gropenator would just love to be a hardright tool and appoint a Fundie nutball to the Bench (taking advantage of this opportunity).

[LeftHander]

4. If those MF'ers want a war...they will get one....nt

stubborn narrow minded bitches cannot stay the fuck off our backs.

Bad enough we get shot, beat and killed just for being ourselves but now we have anti-gay organizations manipulating governments and the public with their vast wealth.

Nothing good is going to come from these people "protecting marriage".

And that in itself has nothing to do with any individuals faith.

So they need to sit down, STFU, learn a lesson and admit they were wrong.

I for one will refuse to let them dismantle this nation to achieve some screwed up vision of Traditional Family Values that they buy with lies and FUD.

[AntiFascist]

5. Maura Dolan has written a piece of shit, journalistically...

First of all, there are plenty of renowned legal scholars who have filed amicus briefs with strong arguments that Prop. 8 should be considered a Revision.

The CA marriage decision is NOT AT ALL like other pro-gay marriage decisions in other states because this is the first time that gays and lesbians are considered a SUSPECT CLASSIFICATION which provides strict scrutiny with respect to the decision to allow a majority vote to eliminate a Fundamental Right, which the CA supreme court also has ruled that marriage is a Fundamental Right.

This is covered by the EQUAL PROTECTION CLAUSE of the CA State Constitution, and DOES NOT need to be taken to the Federal Supreme Court. In fact, the CA State Constitution often provides more protections than the Federal Constitution.

Nowhere did I see this mentioned in Dolan's article, instead she seems to imply that the CA Supreme Court will be intimidated by the threat of recall.

This is pure BULLSHIT, and we need to write to Dolan at the email address at the bottom of her article and tell her so! [e-mail]