Karen Ocamb has a great post on her site about the Pacific Justice Institute's attempt to sue the state of California into appealing Prop 8. Two weeks ago I wrote, "[I]s the next step for them to sue the state of California to force them to appeal the decision?" Yes, it apparently is:
California is teetering on the precipice of a constitutional crisis. Former bodybuilder, turned Governor, Arnold Schwarzenegger, along with former Governor, turned Attorney General, Jerry Brown, are putting their shoulders down to push California's voters over the cliff. With them, the state's republican form of government will fall.
Even if they could convince someone that the executive has a duty to defend all laws that get passed in court, could they go further and prove that the executive must file all possible appeals? I mean, maybe the impartial lawyers out there will say, "Yeah, this is totally the way the law works and PJI's tactic is a brilliant move, go them," but I doubt it.
Also, nice how the right is making fun of Schwarzenegger for being a former bodybuilder when they're the ones who recalled the previous governor to put him in power. They will accept nothing less than full obedience.