Comments on: Proposition 8 To Be Reviewed By California Supreme Court

By: AustinRoth

AustinRoth — Thu, 20 Nov 2008 21:01:32 +0000

One clue about the possible outcome is the failure to get a stay. Stays are granted or not granted on the likelihood of prevailing on the arguments.

By: Patrick E

Patrick E — Thu, 20 Nov 2008 20:43:42 +0000

Well to be fair guys this is an issue of doing things the right way.

If someone tried to amend the US Constitution by getting 51 votes in the Senate it just wouldn't happen even if all 50 states ratified, the procedure is the procedure.

If they needed to go through the legislature in this case and did not, that is not the fault of the courts or the left (or right or middle for that matter)

By: DLS

DLS — Thu, 20 Nov 2008 18:45:47 +0000

Super D, you're right about how things are and how they have been for decades now — what so often the Left cannot get legislated, i.e., made into law the legitimate way, they seek to have made into law by the will and whim of a like-minded judge. It's despicable.

In this case, though, there may be legitimate legal issues involved. Oh, it's just an excuse some on the Left want for trying to get the proposition overthrown any way they can (legitimately or otherwise) and I'd like to see all the arguments being made before the court, not merely the (legitimate) legal arguments. But this may well be a case of a legal technicality that invalidates the proposition.

By: superdestroyer

superdestroyer — Thu, 20 Nov 2008 15:22:40 +0000

You have to love a legal system where the courts can decide that a constitutional amendment is unconstitutional.

The left is creating a system where people will not be able to petition the government or make changes because any change can be overruled by the courts.

It is hard to image any legal theory that allows the courts to throw out a constitutional amendment because they do not like it but California's legal system has been doing it for decades.