Quote:
Originally Posted by Atticus Grinch
"Waaah! I'm Steven Reinhardt, and I wish everyone would litigate their cases in the specific manner that minimizes the power of the legislative and executive branches, and makes the judicial branch the ultimate decider of all controversies of our time! Waaah!"
As for a writ of mandate, there are all kinds of abstention doctrines that make it hard to go to a federal court to order a state official to do a particular thing. There are allowances for state court writs in California law, but these also show respect for the idea that judges decide things after they happen and are very bad at directing things to happen -- something Reinhardt apparently missed in judge school. But the plaintiffs here were in federal court and can't rely upon the Cal. Code Civ. Proc. sections on trial court writ practice.
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since that all took place under DADT didn't the Ps have a duty to STFU anyways, or they lose standing or something?
