constitutional law

Mennemeier, Glassman & Stroud has represented public officials and entities in actions involving some of the leading constitutional questions of our times.  We have been on the forefront of actions that seek to establish the legitimate and delicate balance between private rights and the public interest. We represent Governor Arnold Schwarzenegger and his administration in actions challenging the constitutionality of Proposition 22, the voter approved initiative that sought to prohibit same sex marriage in California, as well as in actions challenging the constitutionality of Proposition 83, “Jessica’s Law,” which mandates strict control over paroled sex offenders in the interest of protecting California’s children.  In addition, we represented California’s Insurance Commissioner, John Garamendi, in actions challenging the constitutionality of State legislation imposing disclosure requirements on insurance companies doing business in California that, either directly or indirectly, sold insurance policies to Holocaust victims in Europe. We also represented the City of Sacramento in an action challenging the constitutionality of the City’s ordinance banning the sale of “junk guns.”

• In re Marriage Cases, 43 Cal. 4th 757 (2008), represented Governor Arnold Schwarzenegger in defending the constitutionality of state statutes that define marriage as a union between a man and a woman.
• American Ins. Assoc. v. Garamendi, 539 U.S. 396 (2003), defended the California Insurance Commissioner in actions brought by international insurance companies challenging the constitutionality of California’s Holocaust Victims’ Insurance Relief Act.  Summary judgment in favor of the Insurance Commissioner was overturned by the United States Supreme Court in a 5-4 decision. 
• Hollywood Park Land Company, LLC v. Golden State Transportation Financing Corp., defending validity of tribal gaming compacts and over $900 million in associated bonds in a reverse validation action. Obtained judgment on the pleadings after trial court found action to be time-barred.
• In re E. J., etc., defending the California Department of Corrections and Rehabilitation in action challenging constitutionality of the Sexual Predator Punishment and Control Act of 2006, known as “Jessica’s Law,” which prohibits registered sex offenders from living near schools or parks when children regularly gather.
• Amalgamated Transit Union Local 587 v. State of Washington, 142 Wn. 2d 183, 11 P. 3d  762 (S. Ct. Wash. 2000), successfully challenged initiative as unconstitutional because it violated the single subject rule.
• Miller v. City of Sacramento, defended the City of Sacramento in an action brought by National Rifle Association and California Rifle and Pistol Association challenging constitutionality of City ordinance banning sale of “junk guns.”  Judgment granted in favor of City upholding ordinance in all respects.

Primary Contact:

Andrew W. Stroud

stroud@mgslaw.com

Tel: (916) 551-2590