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The art of the Prop 8 challenge

According to the Wall Street journal, the folks out in San Francisco are geared up for an argument tomorrow in California Supreme Court challenging Prop 8 as being unconstitutional. Interestingly, Kenn Starr the rogue attorney who almost got former President Clinton convicted on perjury charges, will be one of the attorneys arguing for upholding Prop 8.

According to the WSJ, the issues to be argued tomorrow are as follows:

whether Proposition 8 was an illegal revision to the state’s constitution, one that should not have been placed on the ballot without the Legislature’s approval. Minter says yes, Starr says no, that the voters have the power to define marriage under the state constitution and that the court must accept their decision.

It should be interesting to see if the Judiciary will overturn the people’s will on this issue, and unravel the will of Californians who voted for Prop 8. It should be interesting to see what the outcome is. You can read the post on WSJ here: http://blogs.wsj.com/law/2009/03/02/pregaming-the-prop-8-arguments-a-look-at-the-lawyers/

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