Google+
Close

Bench Memos

NRO’s home for judicial news and analysis.

This Day in Liberal Judicial Activism—December 19



Text  



2008—Continuing his sabotaging of the California marriage laws that he is obligated to defend vigorously, California attorney general Jerry Brown files a brief attacking Proposition 8, the recently adopted ballot measure that amended California’s constitution to ban same-sex marriage.  Brown offers the crackpot theory—beyond anything the opponents of Proposition 8 have argued and beyond the scope of the briefing that the supreme court invited—that the constitutional amendment effected by Proposition 8 somehow itself violates the state constitution.

Brown’s wackiness is too much even for some liberal law professors in California:  one says that Brown’s argument “turns constitutional law on its head,” and another calls his position “extraordinary.”


Tags: This Day in Liberal Activism


Text  


Subscribe to National Review