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LegalGround Forum >> Attn: Steve72 re: Prop8
| 5/29/09 9:18 PM | |
Fake Pie
30 
Member Since: 12/2/05 Posts: 19799 |
A non-lawyer friend in CA asked me about how SCOTUS would treat the challenge to Prop 8 if it got to them. I had to admit that I never read a case where a state constitutional amendment was challenged under the federal constitution. I assume they don't treat it any different than a challenge to a state law saying the same thing, so I gave my answer on that basis qualifying it with my ignorance of such a case as stated above. I was wondering if you are familiar with such a case. |
| 5/30/09 3:48 AM | |
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jbapk
Member Since: 1/1/01 Posts: 8836 |
TORCASO v. WATKINS, 367 U.S. 488 (1961) |
| 5/30/09 10:55 PM | |
|
bflex
1
Member Since: 5/11/02 Posts: 5054 |
I don't think Torcaso applies here. That wasn't a State Constitutional Challenge. Nevertheless, this isn't a First Amendment issue. |
| 5/31/09 12:22 AM | |
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Fake Pie
30
Member Since: 12/2/05 Posts: 19806 |
It was a federal constitutional challenge to a state constitution provision, so I think it is exactly what I asked for. Thanks jbapk! |
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