a berlin blog
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a berlin blog |
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Friday, February 20, 2004 There oughta be a lawLarry Lessig has more on whether Mayor Newsom will get in trouble for issuing marriage licenses last week. Basically, the question is whether he should have challenged a state law against gay marriage in court before openly, gleefully breaking it. Lessig and his readers dig up a clause in the California constitution that says an "administrative agency" -- like City Hall -- has to uphold state law, period, or else issue a direct court challenge. No shenanigans. If that's right, Lessig more or less argues, then an official who flouts state law could be impeached.Sullivan goes into more detail about what might happen if Newsom really did violate his oath of office. I get the feeling Newsom didn't know about that clause in the constitution. (Lessig didn't know about it, and he's a Stanford law professor.) I think Newsom started the flood of marriages as a Valentine's Day stunt, then realized the technicality about filing a formal challenge. (The city filed yesterday.) That means he could be in trouble. I hope not; and I agree with Sullivan that San Francisco would just re-elect him. But it does make things rather fun to watch. posted by Michael Scott Moore | 11:06 PM | |
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