So Sue Me

My Civil Procedure students sometimes struggle, for understandable reasons, with the idea that some individuals and entities go out of their way to participate in lawsuits--as defendants. A clear and concise NPR story this morning describes how this is playing out in connection with the challenge to the constitutionality of California's Prop 8. The case raises an intriguing question: if the Governor thinks a law is unconstitutional, and the Attorney General agrees, then who, if anyone, has standing to defend the law?