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Group Sues to Force AG Brown To Appeal Walker Ruling

09/01/10-by Bridgette P. LaVictoire
Apparently, the Pacific Justice Institute, probably best not confused with the Justice League of America, has filed a lawsuit in order to force Governor Arnold Schwarzenegger and Attorney General Jerry Brown to appeal the ruling handed down by Judge Vaghn Walker ruling Prop 8 unconstitutional. They are bringing the suit on behalf of Dr. Joshua Beckly, an LA minister. Of course, one has to wonder where these people were when Schwarzenegger and Brown decided not to defend this case to begin with.

The lawsuit, known as an extraordinary writ of mandate, was filed with the Third District Court of Appeals in Sacramento and seeks to have the court enforce Goverment Code Section 12512. That code stated that the Attorney General ‘shall defend’ the state and all public officials against legal challenges. The suit argues that AG Brown must at least appeal the ruling from Walker. Of course, maybe they are right and AG Brown should not only appeal the decision, but defend it in the manner he believes to be proper by arguing that the constitutional amendment is wrong.

PJI president Brad Dacus stated “While we strongly believe that ProtectMarriage.com has standing to defend and appeal the Prop. 8 lawsuit, there is at least a possibility the Ninth Circuit will hold otherwise. This suit is therefore necessary to enforce state law and to prevent the Governor and Attorney General from seizing unprecedented powers to veto ballot initiatives by simply refusing to defend them in court.”

In truth, the group is probably looking to force Brown to file the appeal so that the Ninth Circuit is force to then allow ProtectMarriage.com to defend the constitutional amendment. This may not end up working. Additionally, even on appeal, they have a slender chance of winning in the appeals court and there stands a strong possibility that the Supreme Court could chose not to hear the case.

So far, former US Attorney General to Ronald Reagan, Edwin Meese, and former California Attorney General Dan Lungren have both voice their belief that Brown should be defending this suit.

The PJI bills itself as a defense organization specializing in the defense of religious freedom, parental rights, and other civil liberties. Mainly, they appear to target those on the social conservative end of the spectrum.

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