The Passive Virtues
One question that I have after last week is why the Court did not dismiss Perry as improvidently granted. I understand that some of the Justices did not want to rule on the merits of Proposition 8 for different strategic reasons, but their method of avoidance was flawed. The holding on standing will eventually return to cause mischief when another state government (or perhaps California under a Republican Governor) decides that it does not want to defend the constitutionality of a referendum or initiative that they do not agree with. Hard cases make bad law indeed.