hollingsworth et al perry et argued march decided june california held limiting marriage couples violated california constitution state voters passed ballot initiative known proposition amending state constitution define marriage union man woman respondents couples wish marry filed suit federal challenging proposition due process equal protection clauses fourteenth amendment naming defendants california governor state local officials responsible enforcing california marriage laws officials refused defend law district allowed petitioners initiative official proponents intervene defend bench trial declared proposition unconstitutional enjoined public officials named defendants enforcing law officials elected appeal petitioners ninth circuit certified question california whether official proponents ballot initiative authority assert state interest defending constitutionality initiative public officials refuse california answered affirmative ninth circuit concluded petitioners standing federal law defend proposition constitutionality merits affirmed district order held petitioners standing appeal district order pp article iii constitution confines judicial power federal courts deciding actual cases controversies one essential aspect requirement person invoking power federal must demonstrate standing words litigant must seek remedy personal tangible harm although standing cases consider whether plaintiff satisfied requirement filing suit article iii demands actual controversy persist throughout stages litigation already llc nike standing must met persons seeking appellate review must met persons appearing courts first instance arizonans official english arizona parties contest respondents standing initiate case california officials responsible enforcing proposition district issued order respondents longer injury redress state officials chose appeal individuals sought appeal petitioners intervened district ordered refrain anything interest vindicate constitutional validity generally applicable california law repeatedly held generalized grievance matter sincere insufficient confer standing see lujan defenders wildlife petitioners claim california constitution election laws give role initiative process reply brief true process enacting law proposition approved became duly enacted constitutional amendment petitioners role special otherwise enforcement therefore personal stake defending enforcement distinguishable general interest every california citizen matter deeply committed petitioners may upholding proposition particularized interest sufficient create case controversy article iii pp petitioners arguments contrary unpersuasive pp claim may assert state interest state behalf fundamental restriction authority ordinary course litigant rest claim relief legal rights interests third parties powers ohio diamond charles example pediatrician engaged private practice permitted defend constitutionality illinois abortion law state chose appeal adverse ruling state attorney general letter interest explaining state interest proceeding diamond position insufficient since diamond unable assert injury id pp petitioners contend california determination authorized california law assert state interest validity proposition means need show personal injury separate state indisputable interest validity law california attorney general legislative leaders held standing karcher may reply brief far supporting petitioners standing karcher compelling precedent case new jersey attorney general refused defend constitutionality state law leaders new jersey legislature permitted appear official capacities district appeals defend law significant karcher however happened appeals decision legislators lost leadership positions nevertheless sought appeal held although participate lawsuit official capacities presiding officers legislature soon lost capacity lost standing petitioners hold office always participated litigation solely private parties pp support found dicta arizonans official english arizona supra expressing grave doubts standing ballot initiative sponsors defend constitutionality arizona initiative noted aware arizona law appointing initiative sponsors agents people arizona defend lieu public officials constitutionality initiatives made law state petitioners argue virtue california decision authorized act agents people california brief petitioners never described petitioners agents people california decision stands far california concerned petitioners may assert legal arguments defense state interest validity initiative measure federal interest definition generalized one precisely proponents assert interest lack standing precedents petitioners also plainly agents state initial matter petitioners newfound claim agency inconsistent representations district claimed represent interests official proponents point basic features agency relationship missing petitioners subject control principal owe fiduciary obligation anyone one amicus puts proponents apparently unelected appointment unspecified period time defenders initiative however whatever extent choose defend brief walter dellinger pp question california sovereign right maintain initiative process right initiative proponents defend initiatives california courts standing federal question federal law state law matter reasons fact state thinks private party standing seek relief generalized grievance override settled law contrary article iii requirement party invoking jurisdiction federal seek relief personal particularized injury serves vital interests going role judiciary federal system separated powers alter role simply issuing private parties otherwise lack standing ticket federal courthouse pp vacated remanded roberts delivered opinion scalia ginsburg breyer kagan joined kennedy filed dissenting opinion thomas alito sotomayor joined opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press dennis hollingsworth et petitioners kristin perry et al writ certiorari appeals ninth circuit june chief justice roberts delivered opinion public currently engaged active political debate whether couples allowed marry question also given rise litigation case petitioners oppose marriage ask us decide whether equal protection clause prohibits state california defining marriage union man woman pet cert respondents couples wish marry view issue somewhat different terms whether california previously recognized right couples marry may reverse decision referendum federal courts authority constitution answer questions necessary course deciding actual case controversy used constitution words include every sort dispute historically viewed capable resolution judicial process flast cohen essential limit power ensures act judges engage policymaking properly left elected representatives case controversy enough party invoking power keen interest issue party must also standing requires among things suffered concrete particularized injury find petitioners standing authority decide case merits neither ninth circuit california held limiting official designation marriage couples violated equal protection clause california constitution marriage cases cal later year california voters passed ballot initiative center dispute known proposition proposition amended california constitution provide nly marriage man woman valid recognized california cal art shortly thereafter california rejected procedural challenge amendment held proposition properly enacted california law strauss horton cal according california proposition created narrow limited exception state constitutional rights otherwise guaranteed couples california law couples right enter relationships recognized state domestic partnerships carry rights protections benefits shall subject responsibilities obligations duties law granted imposed upon spouses cal fam code ann west marriage cases california concluded california constitution guarantees couples constitutionally based incidents marriage including right marriage officially recognized state cal proposition explained strauss left rights largely undisturbed reserving official designation term union couples matter state constitutional law cal respondents two couples wish marry filed suit federal challenging proposition due process equal protection clauses fourteenth amendment federal constitution complaint named defendants california governor attorney general various state local officials responsible enforcing california marriage laws officials refused defend law although continued enforce throughout litigation district allowed petitioners official proponents initiative see cal elec code ann west intervene defend bench trial district declared proposition permanently enjoining california officials named defendants enforcing law directing official defendants persons control supervision shall enforce perry schwarzenegger supp nd cal officials elected appeal district order petitioners ninth circuit asked address appeal dismissed lack article iii standing perry schwarzenegger civ briefing argument ninth circuit certified question california whether article ii section california constitution otherwise california law official proponents initiative measure possess either particularized interest initiative authority assert state interest initiative validity enable defend constitutionality initiative upon adoption appeal judgment invalidating initiative public officials charged duty refuse perry schwarzenegger california agreed decide certified question answered affirmative without addressing whether proponents particularized interest initiative validity concluded postelection challenge initiative measure official proponents initiative authorized california law appear assert state interest initiative validity appeal judgment invalidating measure public officials ordinarily defend measure appeal judgment decline perry brown cal relying answer ninth circuit concluded petitioners standing federal law defend constitutionality proposition california reasoned standing defend constitutionality laws prerogative independent sovereigns decide may assert interests perry brown quoting diamond charles federal need determine state suffered harm sufficient confer standing party seeking invoke jurisdiction authorized state represent interest remedying harm merits ninth circuit affirmed district held proposition unconstitutional rationale decision romer evans ninth circuit view romer stands proposition equal protection clause requires state legitimate reason withdrawing right benefit one group others whether required confer right benefit first place ninth circuit concluded taking away official designation marriage couples continuing afford couples rights obligations marriage legitimate interest state proposition view violated equal protection clause served purpose impose gays lesbians public law majority private disapproval relationships ibid granted certiorari review determination directed parties also brief argue whether petitioners standing article iii constitution case ii article iii constitution confines judicial power federal courts deciding actual cases controversies one essential aspect requirement person invoking power federal must demonstrate standing requires litigant prove suffered concrete particularized injury fairly traceable challenged conduct likely redressed favorable judicial decision lujan defenders wildlife words federal authority constitution settle dispute party must seek remedy personal tangible harm presence disagreement however sharp acrimonious may insufficient meet art iii requirements diamond supra doctrine standing recently explained serves prevent judicial process used usurp powers political branches clapper amnesty usa slip light overriding concern keeping judiciary power within proper constitutional sphere must put aside natural urge proceed directly merits important dispute sake convenience raines byrd omitted standing cases consider whether plaintiff satisfied requirement filing suit article iii demands actual controversy persist throughout stages litigation already llc nike slip internal quotation marks omitted means standing must met persons seeking appellate review must met persons appearing courts first instance arizonans official english arizona therefore must decide whether petitioners standing appeal district order respondents initiated case district california officials responsible enforcing proposition parties contest respondents article iii standing couple expressed desire marry obtain official sanction state unavailable given declaration proposition marriage california solely man woman app district declared proposition unconstitutional enjoined state officials named defendants enforcing however inquiry article iii changed respondents longer injury redress state officials chose appeal individuals sought appeal order petitioners intervened district district ordered refrain anything standing litigant must seek relief injury affects personal individual way defenders wildlife supra must possess direct stake outcome case arizonans official english supra internal quotation marks omitted however petitioners direct stake outcome appeal interest district order reversed vindicate constitutional validity generally applicable california law repeatedly held generalized grievance matter sincere insufficient confer standing litigant raising generally available grievance government claiming harm every citizen interest proper application constitution laws seeking relief directly tangibly benefits public large state article iii case controversy defenders wildlife supra see lance coffman per curiam refusal serve forum generalized grievances lengthy pedigree allen wright asserted right government act accordance law sufficient standing alone confer jurisdiction federal massachusetts mellon party invokes judicial power must able show sustained immediately danger sustaining direct injury merely suffers indefinite way common people petitioners argue california constitution election laws give role initiative process one authority responsibilities differ supporters measure reply brief quoting cal true enough comes process enacting law upon submitting proposed initiative attorney general petitioners became official proponents proposition cal elec code ann west responsible collecting signatures required qualify measure ballot signatures collected proponents alone right file measure election officials put ballot petitioners also possessed control arguments favor initiative appear california ballot pamphlets proposition approved voters measure became duly enacted constitutional amendment statute cal petitioners role special otherwise enforcement proposition see petitioners possess official authority directly enforce initiative measure question therefore personal stake defending enforcement distinguishable general interest every citizen california defenders wildlife supra article iii standing placed hands bystanders use simply vindication value interests diamond matter deeply committed petitioners may upholding proposition zealous advocacy post kennedy dissenting particularized interest sufficient create case controversy article iii defenders wildlife see arizonans official english ever identified proponents defenders measures advocated bankrupt washington committee continental nat bank trust chicago summarily dismissing lack standing appeal initiative proponent decision holding initiative unconstitutional iii without judicially cognizable interest petitioners attempt invoke someone else assert even cognizable interest appealing district judgment state california may assert interest state behalf however fundamental restriction authority ordinary course litigant must assert legal rights interests rest claim relief legal rights third parties powers ohio certain limited exceptions rule ibid even allowed litigants assert interests others litigants still must suffered injury fact thus giving sufficiently concrete interest outcome issue dispute internal quotation marks omitted diamond charles example refused allow diamond pediatrician engaged private practice illinois defend constitutionality state abortion law case group physicians filed challenge illinois statute federal state initially defended law diamond professed conscientious object abortions defend alongside state seventh circuit affirmed permanent injunction enforcing several provisions law state chose pursue appeal diamond state attorney general filed interest explaining state interest proceeding position issues set forth diamond enough held allow appeal proceed explained ven private party standing defend constitutionality challenged statute one diamond able assert injury fact omitted without judicially cognizable interest diamond maintain litigation abandoned state reasons explained petitioners likewise suffered injury fact therefore ordinarily standing assert state interests petitioners contend case different california determined authorized california law appear assert state interest validity proposition cal agreed federal need determine state suffered harm sufficient confer standing party seeking invoke jurisdiction authorized state represent interest remedying harm petitioners put need show personal injury separate state indisputable interest validity law california attorney general legislative leaders held standing karcher may reply brief karcher held two new jersey state speaker general assembly alan karcher president senate carmen orechio intervene suit state defend constitutionality new jersey law new jersey attorney general declined since new jersey legislature authority state law represent state interests district appeals held speaker president official capacities vindicate interest federal legislature behalf far supporting petitioners standing however karcher compelling precedent legislators case intervened official capacities speaker president legislature one doubts state cognizable interest continued enforceability laws harmed judicial decision declaring state law unconstitutional maine taylor vindicate interest state must able designate agents represent federal see poindexter greenhow state political corporate body act agents agent typically state attorney general state law may provide officials speak state federal new jersey law state presiding legislative officers karcher see significant karcher happened appeals decision case karcher orechio lost positions speaker president nevertheless sought appeal held explained able participate lawsuit official capacities presiding officers incumbent legislature since longer hold offices lack authority pursue appeal point karcher state authorize private parties represent interests karcher orechio permitted proceed state officers acting official capacity soon lost capacity lost standing petitioners hold office always participated litigation solely private parties cases relied upon dissent see post provide petitioners support dissent primary authorities fact discuss standing see young ex rel vuitton et fils providence journal none comes close establishing mere authorization represent third party interests sufficient confer article iii standing private parties injury dissent highlights discretion exercised special prosecutors appointed federal courts pursue contempt charges see post citing young supra prosecutors enjoy degree independence carrying appointed role one suppose subject ultimate appointed see also journal supra recognizing control exercised solicitor general special prosecutors dissent remaining cases least consider standing readily distinguishable see vermont agency natural resources ex rel stevens justifying qui tam actions based partial assignment government damages claim well nigh conclusive tradition actions english american courts dating back century whitmore arkansas justifying next friend standing based similar history dating back century requiring next friend prove disability real party interest significant relationship party gollust mendell requiring plaintiff suit maintain financial stake outcome litigation avoid serious constitutional doubt whether plaintiff demonstrate standing required article iii limitation petitioners respondents seek support dicta arizonans official english arizona plaintiff arizonans official english filed constitutional challenge arizona ballot initiative declaring english official language state arizona district declared initiative unconstitutional arizona governor announced pursue appeal instead principal sponsor ballot initiative arizonans official english committee sought defend measure ninth circuit analogizing sponsors arizona legislature ninth circuit held committee qualified defend initiative appeal affirmed district finding case mooted events expressed grave doubts ninth circuit standing analysis reiterated tanding defend appeal place original defendant demands litigant possess direct stake outcome quoting diamond recognized legislator authorized state law represent state interest may satisfy standing requirements karcher supra noted arizona committee members elected representatives aware arizona law appointing initiative sponsors agents people arizona defend lieu public officials constitutionality initiatives made law state arizonans official english supra petitioners argue virtue california decision authorized act agents people california brief petitioners quoting arizonans official english supra never described petitioners agents people anyone else ninth circuit ninth circuit asked california answered whether petitioners authority assert state interest initiative validity cal california decision stands far california concerned petitioners may argue defense proposition mean proponents become de facto public officials authority enjoy simply authority participate parties action assert legal arguments defense state interest validity initiative measure interest definition generalized one precisely proponents assert interest lack standing precedents petitioners plainly agents state formal otherwise see post initial matter petitioners newfound claim agency inconsistent representations district proponents sought intervene case purport agents california argued instead party case ould adequately interests official proponents motion intervene nd cal emphasis added unique legal status official proponents agency relationship people california petitioners claimed endow ed significantly protectable interest ensuring district undo ha done obtaining enactment proposition point basic features agency relationship missing agency requires mere authorization assert particular interest essential element agency principal right control agent actions restatement third agency comment hereinafter restatement yet petitioners answer one decide review arguments make make unlike california attorney general elected regular intervals elected see cal art provision provides removal one amicus explains proponents apparently unelected appointment unspecified period time defenders initiative however whatever extent choose defend brief walter dellinger relationship two persons one agency agent owes fiduciary obligation principal restatement comment petitioners owe nothing sort people california unlike california elected officials taken oath office cal art xx prescribing oath public officers employees executive legislative judicial california explained petitioners bound simply ethical constraints apply parties legal proceeding cal free pursue purely ideological commitment law constitutionality without need take cognizance resource constraints changes public opinion potential ramifications state priorities finally california stated question bear responsibility attorney fee award entirely distinct question emphasis added hornbook law principal duty agent expenses losses incurred agent defending actions brought third parties agent acted actual authority taking action challenged third party suit restatement comment issue fees entirely distinct authority question authority based agency neither california ninth circuit ever described proponents agents state plainly qualify iv dissent eloquently recounts california reasons deciding state law authorizes petitioners defend proposition see post disrespect disparage reasons post question california sovereign right maintain initiative process right initiative proponents defend initiatives california courts article iii apply dissent acknowledges see post standing federal question federal law state law matter reasons fact state thinks private party standing seek relief generalized grievance override settled law contrary article iii requirement party invoking jurisdiction federal seek relief personal particularized injury serves vital interests going role judiciary system separated powers refusing entertain generalized grievances ensures courts exercise power judicial nature lance ensures federal judiciary respects proper properly limited role courts democratic society daimlerchrysler cuno internal quotation marks omitted alter role simply issuing private parties otherwise lack standing ticket federal courthouse never upheld standing private party defend constitutionality state statute state officials chosen decline first time petitioners satisfied burden demonstrate standing appeal judgment district ninth circuit without jurisdiction consider appeal judgment ninth circuit vacated case remanded instructions dismiss appeal lack jurisdiction ordered kennedy dissenting dennis hollingsworth et petitioners kristin perry et al writ certiorari appeals ninth circuit june justice kennedy justice thomas tice alito justice sotomayor join dissenting opinion correct state california careful acknowledge proponent standing defend initiative federal question federal law proper resolution justiciability question requires case threshold determination state law question california defines elaborates status authority initiative proponents seek intervene defend initiative adoption electorate issues addressed meticulous unanimous opinion california california law proponent authority appear assert state interest defending enacted initiative public officials charged duty refuse state deems appearance essential integrity initiative process yet today concludes status right fall short meeting federal requirements proponents point formal delegation authority tracks requirements restatement agency state definition proponents powers binding definition fully sufficient establish standing adversity requisites justiciability article iii constitution view article iii require california deciding may appear defend initiative behalf comply restatement agency view state make laws structure government reasoning take account fundamental principles practical dynamics initiative system california uses mechanism control bypass public officials officials defend initiative injury leaves unremedied decision also implications use initiative popular referendum system like california may choose initiative proponents stand state public officials decline defend initiative litigation see waters initiative referendum almanac submission article iii requirement justiciable case controversy prevent proponents day premises respectful dissent explains state california sustained concrete injury sufficient satisfy requirements article iii district nullified portion state constitution see ante citing maine taylor determine whether justiciability continues appellate proceedings state executive acquiesced district adverse judgment necessary ascertain persons authority state law represent state interests federal karcher may see also arizonans official english arizona notes california elections code face prescribe express terms duties rights proponents initiative becomes law ante end matter analysis somewhat force end matter california determine whether extent elections code provisions instructive relevant determining authority proponents assert state interest postenactment judicial proceedings likewise say state must determine substance meaning laws statute judicial decision combination two see sweezy new hampshire plurality opinion dreyer illinois state decide determining substance state law bound state construction state statute wisconsin mitchell california response certified question submitted case determined state elections code provisions directed initiative proponents inform instruct state law respecting rights status proponents postelection judicial proceedings reliance statutes california constitution state held proponents authority california law appear assert state interest initiative validity appeal judgment invalidating measure public officials ordinarily defend measure appeal judgment decline perry brown cal reasons california gave holding special relevance context determining whether proponents authority seek remedy state concrete substantial continuing injury class official proponents small identifiable group see cal elec code ann west cum supp many decisions must unanimous see necessarily number identities public commitment substantial see west cum supp obtaining petition signatures monetary fee west drafting arguments official ballot pamphlet know understand purpose operation proposed law important requisite defending initiatives complex matters taxation insurance gone great lengths convince voters enact initiative stake outcome necessary commitment provide zealous advocacy thus california proponents play unique role initiative process cal unique relationship measure makes especially likely reliable vigorous advocates measure viewed whose votes secured initiative enactment law ibid see also special relationship initiative measure proponents obvious logical private individuals ably vigorously defend validity challenged measure behalf interests voters adopted initiative law proponents authority state law contrivance fictional construct product california constitution california elections code basis set aside california determination state law california explained holding consistent recent decisions sportsmen fifteenth jud mt mont montana unanimously held initiative sponsors may best position defend interpretation initiative direct substantial legally protectable interest lawsuit challenging interpretation entitled intervene matter right alaska reached similar unanimous result alaskans common language kritz noted except extraordinary cases sponsor direct interest legislation enacted initiative process concomitant need avoid appearance conflict interest ordinarily preclude courts denying intervention right sponsoring group reasons california held california elections code article ii california constitution afford proponents authority assert state interest validity initiative state officials decline cal repeated unanimous holding times uncertain terms see see also kennard concurring suffice resolve central issue federal question turns ii concludes proponents lack sufficient ties state government notes elected answer one lack fiduciary state ante quoting restatement third agency comments deems deficiencies proponents connection state government state saw essential qualifications defend initiative system object initiative system establish lawmaking process depend upon state officials california popular initiative necessary implement theory power government ultimately resides people cal internal quotation marks omitted right adopt initiatives described california courts one precious rights state democratic process ibid internal quotation marks omitted historic role initiative system grew dissatisfaction governing public officials widespread belief people lost control political process ibid initiative primary purpose afford people ability propose adopt constitutional amendments statutory provisions elected public officials refused declined adopt ibid california determined purpose undermined officials initiative process seeks circumvent parties defend enacted initiative challenged legal proceeding see cf alaskans common language supra noting proponents must allowed defend enacted initiative order avoid perception correct interests proponents defended vigorously executive branch giving governor attorney general de facto veto erode one cornerstones state governmental structure see cal light frequency initiatives opponents resort litigation impact veto substantial miller direct democracy courts initiatives approved arizona california colorado oregon washington challenged consequence california finds necessary vest responsibility right defend initiative initiative proponents state executive declines yet today demands state follow restatement agency see ante reasons however california might conclude conventional agency relationship inconsistent history design purpose initiative process state may wish associate proponents views outside extremely narrow limited context litigation cal bear cost proponents legal fees state may also wish avoid odd conflict formal agent state initiative proponent arguing favor law validity state officials attorney general contend proceeding found invalid furthermore clear principal agency relationship make little sense governor attorney general frustrate initiative system purpose circumventing elected officials fail refuse effect public principal must people california ultimate sovereign state see quoting cal art ii political power inherent restatement may offer workable example agent representing principal composed nearly million residents state cf restatement second agency scope note noting restatement state special rules applicable public officers restatement first agency scope note concern proponents unaccountable fear neither well founded sufficient overcome contrary judgment state must remembered elected officials initiative proponents receive authority speak state california directly people apparently believes elected officials acceptable agents state see ante subject ongoing supervision principal people state initiative proponents governor attorney general recalled voted office subsequent election proponents authority terminated initiative overridden subsequent ballot measure finally proponents attorneys like litigants counsel appear federal subject duties candor decorum respect tribunal alike guard possibility initiative proponents somehow fall short appropriate standards federal litigation contrary suggestion precedents indicate formal agency relationship necessary karcher may speaker new jersey assembly karcher president new jersey senate orechio intervened support school law state governor attorney general declined defend considering question standing looked new jersey law determine whether karcher orechio authority state law represent state interest district appeals concluded new jersey ha granted applications speaker general assembly president senate intervene behalf legislature defense legislative enactment karcher held standing proper district appeals ibid time case arrived karcher orechio lost presiding legislative offices without lacked authority represent state new jersey law held deprived standing contrast proponents authority california law contingent officeholder status standing unaffected fact hold office california government ante arizonans official english arizona consistent premises dissent rationale opinion see ante noted serious doubts aspiring defenders standing arizona law appointing initiative sponsors agents people arizona defend lieu public officials constitutionality initiatives made law state use word agents read context evident intention demand formal agency relationship compliance restatement rather used term shorthand party state law authorizes represent state interests ibid appeals california mindful precedents sought comply state noting importance arizonans official english expressed understanding high doubts official initiative proponents standing case based least substantial part fact aware law appointing initiative sponsors agents people arizona defend constitutionality initiatives made law state cal quoting based passage concluded nothing arizonans official english indicates state law authorize official proponents initiative assert state interest validity challenged state initiative public officials ordinarily assert interest declined proponents standing assert state interest initiative validity federal lawsuit appeals mindful requirement perry brown although panel divided proper resolution merits case unanimous concluding proponents satisfy requirements article iii compare majority opinion smith concurring part dissenting part central premise ignored today state highest held california law provides precisely arizonans found lacking arizona law confers official proponents initiative authority assert state interests defending constitutionality initiative state officials ordinarily assume responsibility choose majority opinion appeals state ignore arizonans official english faithful approach case also tension cases permitted individuals assert claims behalf government others instance federal rule criminal procedure allows appoint private attorney investigate prosecute potential instances criminal contempt rule special prosecutor agent appointing judge indeed prosecutor determination persons targets investigation methods investigation used information sought evidence charge decisions critical conduct prosecution made outside supervision young ex rel vuitton et fils also proponents authorized represent state california rivate attorneys appointed prosecute criminal contempt action represent providence journal appointed solely pursue public interest vindication authority young supra interest like california interest validity laws unique sovereign providence journal supra although dismisses proponents standing claim initiative proponents elected decide review arguments make make defense enacted initiative ante charges leveled equal greater force special prosecutors discussed see young supra similar questions might also arise regarding qui tam actions see vermont agency natural resources ex rel stevens suits involving next friends litigating behalf real party interest see whitmore arkansas suits see gollust mendell agency relationship settings instant case yet nonetheless permitted party assert interests another qui tam actions next friend litigation may longer historical pedigree initiative process see ante basis finding article iii standing requirement met cases lacking short today unsettles longtime understanding basis jurisdiction litigation leaving law unclear district judgment accompanying statewide injunction effectively immune appellate review iii much irony approach justiciability case prime purpose justiciability ensure vigorous advocacy yet insists upon litigation conducted state officials whose preference lose case doctrine meant ensure courts responsible constrained power opinion today means single district make decision effects reviewed rather honor principle justiciability exists allow disputes public policy resolved political process rather courts see allen wright refuses allow state authorized representatives defend outcome democratic election opinion disrespects disparages political process california opinion california case california expresses concern vigorous representation california recognizes necessity avoid conflicts interest california comprehends real interest stake litigation identifies proper party defend interest california opinion reflects better understanding dynamics principles article iii opinion course must cautious entering realm controversy legal community society large still formulating ideas approaches difficult subject shortsighted misconstrue principles justiciability avoid subject california recognized question us involves fundamental procedural issue may arise respect initiative measure without regard subject matter cal emphasis original federal must rule constitutional point either confirms rejects people expressed initiative necessary least necessary insist rules ensure committed vigorous adversary arguments inform rulings courts end fails grasp accept basic premise initiative process essence democracy right make law rests people flows government way around freedom resides first people without need grant government california initiative process embodies principles done century structure government character exercise government authority state defines sovereign gregory ashcroft california permit initiatives popular referendums people exercised inherent sovereign right govern today frustrates choice nullifying failure comply restatement agency state decision holding state law authorizes enacted initiative proponents defend law state usual legal advocates decline opinion fails abide precedent misapplies basic principles justiciability errors necessitate respectful dissent