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LegalGround >> Attn: Steve72 re: Prop8


5/29/09 9:18 PM
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Fake Pie
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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
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TORCASO v. WATKINS, 367 U.S. 488 (1961)
5/30/09 10:55 PM
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bflex
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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
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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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