Proposition 8 Attorneys Working through the Holidays
This just in. The California Supreme Court has issued an order. Details after the jump.
Because Attorney General Brown surprised the Official Proponents of Proposition 8 on Friday with his assertion that fundamental rights cannot be abrogated through the amendment process, apparently Ken Starr’s team filed on Monday to answer the new legal theories asserting by Attorney General Brown.
The California Supreme Court asked the petitioners (the angel advocates) to respond to three issues:
- Is Proposition 8 an amendment or a revision?
- Is there a separation of powers issue raised by Proposition 8?
- If Proposition 8 withstands judicial scrutiny, what happens to the 18,000+ marriages made before November 4th?
By Brown’s introduction of a new legal issue, Starr and his team didn’t have a chance address it. That’s what they asked for on Monday. The Supreme Court’s order:
In light of the new issue set forth at pages 75-90 in the Answer Brief filed
by the Attorney General on December 19, 2008, in each of these cases, the court
grants interveners permission to file a brief in the San Francisco Office of the
Supreme Court, on or before January 5, 2009, responding to that issue.
The angels at Lambda Legal and the other angel advocates like Gloria Allred may or may not ask for additional time for this issue. Because their timeline for filing a response was January 5, I’m betting that they will ask for the same amount of time to respond to Starr’s rebuttal of Brown’s points.
Somehow, Starr and his team not having a lot of time to relax between Christmas Eve and New Year’s Day doesn’t sound that bad to me.
