San Francisco—The California Supreme Court today announced that it will file a written opinion at 10 a.m. on Thursday, November 17, 2011, in Perry v. Brown, S189476, a case that involves whether the official proponents of an initiative measure have standing to defend the constitutionality of the measure when the public officials charged with that duty decline to do so.
At the time of filing, the opinion will be available on the California Courts website.
The Supreme Court heard oral arguments in Perry v. Brown on September 6, 2011, in San Francisco. The official case summary that appears on the court’s Case Information System follows:
“Request under California Rules of Court, rule 8.548, that this court decide a question of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit. As stated by the Ninth Circuit, the question presented is: ‘Whether under Article II, Section 8 of the California Constitution, or otherwise under California law, the official proponents of an initiative measure possess either a particularized interest in the initiative’s validity or the authority to assert the State’s interest in the initiative’s validity, which would enable them to defend the constitutionality of the initiative upon its adoption or appeal a judgment invalidating the initiative, when the public officials charged with that duty refuse to do so.’”
Following its usual practice, the Supreme Court will not make any comment on its opinion in this case. The court’s written opinions generally take effect 30 days after they are filed.