Kristin M. Perry, Plaintiffs and Respondents v. Edmund G. Brown, Jr., as Governor

Summary

The concurrence joins the unanimous decision that official proponents of a voter-approved initiative may assert the state’s interest in defending the initiative and may appeal an adverse judgment when state officials decline to do so. It explains that this authority preserves the integrity of the initiative process, facilitates vigorous adversarial litigation, and prevents executive officials from effectively nullifying voter-approved measures through inaction. The concurrence emphasizes that courts retain final responsibility for determining the initiative’s validity and cautions that the proper disposition of an undefended action may depend on the circumstances.