Law360 Turns to Manatt Litigation Partner on New Limitations on Citizen Initiative Process June 26, 2013 Law360 Turns to Manatt Litigation Partner on New Limitations on Citizen Initiative Process "Prop 8 Standing Ruling Shakes Up Citizen Lawmaking"Law360June 26, 2013 - Law360 turned to Manatt's Brad Seiling, a partner in the firm's Litigation Division, on the implications that the U.S. Supreme Court's ruling in Hollingsworth v. Perry will have on the citizen initiative process.Law360 reports that the U.S. Supreme Court ruled 5-4 in Hollingsworth v. Perry that private citizens seeking to reinstate California's ban on same-sex marriage lacked standing under Article III of the U.S. Constitution to mount a federal appeal of the ruling that halted Prop 8. The ruling installs new limitations on the citizen initiative process and will force proponents to more thoroughly assess the political climate of the state where they're launching a ballot measure."As is happening in many instances in California, where you file your case is going to be critically important," said Seiling. "If there are issues going forward in federal court, and the state itself chooses not to defend, proponents will not be able to defend."Seiling added that the California Supreme Court has shown "great deference and respect" for the initiative process, and noted that proponents still maintain standing in ballot initiative fights being waged in state courts.Read the article here.
