If a proposed amendment to the Constitution is legally insufficient, is it futile to grant leave to amend?

MultiRegion, United States of America

The following excerpt is from Fox v. Cnty. of Tulare, Case No. 1:11-cv-00520-AWI-SMS (E.D. Cal. 2013):

If a proposed amendment is legally insufficient it would be futile to grant leave to amend. Saul v. United States, 928 F.2d 829, 843 (9th Cir. 1991). Plaintiffs' proposed amendments fail to state a claim.

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