Bench Memos

This Day in Liberal Judicial Activism—December 19

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.”