Thank you. That explains the standing issue in this case much better for me.
Breyer seems to think that the petitioners do not have standing in federal courts but do in state courts.
He said that 40 states have what is called a public action where any citizen can bring action to “vindicate the interest in seeing the law enforced.” He then went on to say that historically the court has ruled that such cases do not belong in the federal system.
So if the court ruled that the petioners do not have standing in any federal court, that would overturn the 9th Circuit and uphold the CA Supreme Court, correct?
Sounds like the SCOTUS is finding an ‘out’ to avoid ruling on this matter. Cowards.
Yes. It would vacate the 9th Circuit decision and the federal district court's ruling, and would leave the California Supreme Court's ruling (which upheld Prop. 8, albeit only prospectively) in place.