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Old 01-05-2011, 03:16 PM   #2521
LessinSF
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Join Date: Mar 2003
Location: Pulling your finger
Posts: 7,122
Re: It was the wrong thread

Quote:
Originally Posted by Mmmm, Burger (C.J.) View Post
Really? I read it as Reinhardt being pissed that a district court ruling he surely likes will have to be dismissed for lack of standing at the appellate level so that it cannot be given broader application outside California.

I'll wait for Atticus to weigh in, but whom exactly were they supposed to sue other than state officials, when only state officials are charged with implementing the law? They could sue Atticus's kids, but wouldn't they have been dismissed as defendants for not being proper defendants?

It seems like the strategy was entirely explicable--they knew that the state wasn't going to defend the law so you sue the defendants that you know are going to lie down anyway.
I agree, sort of. If Boies and Olson view their clients as gays in California, they took an approach more likely to assure them a victory.
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