Supreme Court to Decide Prop. 8 ‘Standing’ Question from 9th U.S. Circuit Court of Appeals
Press Release from the Court:
San Francisco—The California Supreme Court today unanimously voted to decide a question of state law in the Proposition 8 case pending before the United States Court of Appeals for the Ninth Circuit (Perry v. Schwarzenegger (Hollingsworth) S189476 (9th Cir. No. 10-16696).
In accordance with the Ninth Circuit’s request, made under California Rules of Court, rule 8.548, the “legal standing” question to be addressed by the California Supreme Court is:
“Whether under Article II, Section 8 of the California Constitution, or otherwise under California law, the official proponents of an initiative measure possess either a particularized interest in the initiative’s validity or the authority to assert the State’s interest in the initiative’s validity, which would enable them to defend the constitutionality of the initiative upon its adoption or appeal a judgment invalidating the initiative, when the public officials charged with that duty refuse to do so.”
The California Supreme Court shortened the normal briefing schedule to expedite consideration and resolution of the issues in the matter and to accommodate oral argument as early as September 2011.
The briefing schedule set by the court follows:
• The opening brief on the merits is to be served and filed on or before Monday, March 14, 2011. The answer brief on the merits is to be served and filed on or before Monday, April 4.
• A reply brief may be served and filed on or before Monday, April 18.
• Any person or entity wishing to file an amicus curiae brief must file an application for permission to file such brief, accompanied by the proposed brief, on or before Monday, May 2, 2011.
• Any party may serve and file an omnibus reply to any or all amicus curiae briefs on or before Monday, May 9, 2011.
The order states, “The court does not contemplate any extension of the above deadlines.”