Quote:
Originally Posted by CPHoya
For example, imagine a state like California enforces some Trump-era regulation with the full intent of cooperating with a carefully selected plaintiff who sues, arguing that the regulation is unconstitutional. This plaintiff will be a sympathetic and telegenic individual, and the enforcement of the regulation will be in order to CREATE standing so that the individual has standing to sue about the regulation, with the implicit support of the State of California. The State of California will litigate its right to enforce that law against this individual, who will be represented by cause attorneys who will argue the oppositce. The case will wind its way into the Supreme Court by design, and if well selected it stands a decent chance of receiving cert.
So in this hypothetical, California is sending lawyers to court to argue a case that it wants to lose? Are there previous examples of this sort of thing we could read about? Seems confusing.
Like, I recall that with prop 8, California was eventually like "lol we're not going to defend this in court anymore, we don't want it either".