What is this "Standing" Business?

The 9th Circuit Court of Appeal heard oral arguments in the Prop. 8 case yesterday.  If you heard or read any of the news reports, you likely heard about the issue of "standing."  In a case that raises big meaty constitutional, philosophical, and moral issues surrounding marriage--same-sex marriage in particular--you might be surprised that the key issue appears to be basically procedural.

So what is this whole "standing" thing, anyway?  Basically, "standing" means that a party to a law suit actually has an interest in the controversy; i.e. they actually suffered an injury because of another party's action.  It's not enough to simply not like something, or to simply be offended by something someone else does.  You have to actually be injured in some way.

Why does this matter?  At the top, it's about practicality.  Lawsuits consume a lot of time, energy, and money--none of which are limitless--so the legal system has to create some method of limiting the number of potential lawsuits.  If we could all sue anyone simply because we didn't like what they were doing, the courts would be even more backlogged than they already are.  The important cases would get lost in the mess; collective injustice being the result because the courts' ability to redress genuine wrongs would be essentially nonexistent.

That would be bad enough on its own, but there is a deeper issue at work as well.  Standing is also about liberty.  If everyone could sue without showing standing--proving they suffered a real injury--then no one could live freely.  Your personal liberty should not be curtailed unless the exercise of that liberty harms others.

Consider the standing issue in the Prop. 8 appeal.  Supporters of Prop. 8 brought suit to keep same-sex couples from marrying.  The court wants to know how same sex marriage actually harms anyone?  Clearly, if there is a fundamental right to marry that the people of California cannot deny same-sex couples, those same-sex couples are injured by Prop. 8's enforcement.  The same cannot be said of people who oppose same-sex marriage.  Sure, they may not approve but that is thin ice in terms of injury.  Essentially, the court is asking Prop. 8 defenders, "where's the beef?"

The California Bar Exam is a Monster . . .

. . . and I killed it.

Torture? What Torture?

Watching the Giants in the Mission

I Don't Really Feel Old Enough for This . . .

Taking the parents to Napa and Sonoma today.

Folsom Street Fair: Pluralism Baby

Last weekend was San Francisco's Folsom Street Fair.  For the uninitiated, Folsom is a celebration of the leather arts.

My wife and I were on our way to the East Bay during the Fair and passed this Auntie buying fruit while some fair-goers waited for the walk signal.  Two guys in assless chaps and leather cod-pieces didn't faze her at all.  I love San Francisco.

Jury Duty Pt. 1

I am currently a proud member of a California Superior Court jury!  Jury selection actually took three days and, since I was the very first person called, I had the privilege of sitting through every single question asked of every single potential juror.

Portrait of the Artist Over Three Days of Jury Selection

Of course, since I can't discuss the case, I won't be able to post anything about the trial itself.  But I am in the criminal court building all day, so there's plenty of other material to come.

The Castro Safeway

Last weekend, I was standing outside the Castro Safeway.  I was wearing a tie for no particular reason.  This guy walks up to me, stares at me for twenty seconds and says: "I lika da tie!"

I thanked him but he just stood there.  "I lika da tie!" he said again.  Then: "But-a maybeh too formal for Satuhrday!  But I lika da tie!  You look good!"  I'm not exaggerating his accent.  He sounded like this.

Then he walked away.

Welcome Back to Fog City

First sign that I was coming home after two weeks of genuine summer weather in the City of Broad Shoulders -- the connecting flight from San Diego to SFO was delayed for an hour because of fog.

Second sign -- and the real confirmation -- was this hipster I passed on my way from BART to my house:

No one told me about the Russel Brand Look-Alike Contest

One of My Neighbors: The Cigarette Man

Travelling in Chicago right now - so no access to my scanner, just photos of sketches.

Another one of my neighbors - he asks everyone for a cigarette.  No matter how many times you've told him you don't smoke, he'll always ask you then just keep walking.

Bar Exam Highlights

The California Bar exam is three days long, six hours each day.  It brings out some characters . . .

His hair was like a halo around his head, every day.

Some people found it very important to be as comfortable as possible.

Other people did not.  This woman wore stripper heels every single day.

California and Arizona's Laws Compared

It was pointed out to me that California has a law on its books similar to Arizona's new immigration statute.  This was pretty surprising, so I looked it up.  Well . . . they're similar, but only in the broadest sense.