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Old 01-06-2011, 03:27 PM   #2523
taxwonk
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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.
Why not seek a writ of mandamus to require the government officials to take action on the state's behalf?

I ask this question blissfully unburdened by any of the facts surrounding the controversy.
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