The Gay Thread

[Cadaverous Pallor]

I want to make sure I have this right. This cannot be appealed, so the judge's decision stands, unless some new action (such as a ballot initiative or legislative action) begins the whole process again?

If so, then we're set for a while, right? Probably until 2012?

[Alex]

Perhaps, but I believe that Steve Cooley (the Republican candidate for AG) is on record (I believe) that he thinks Walker's decision is wrong and that it needs to be appealed to higher levels. If denied that appeal, would you rely on him to not generate the situation in which the opportunity would recur?

Anyway, like you I don't think it is all that likely. I was just pointing out that if somehow the question comes up again and it has only been dealt with at the district level then Walker has minimal precendential weight for the next judge if that judge disagrees.

[Alex]

Originally Posted by Cadaverous Pallor

This cannot be appealed, so the judge's decision stands,

Judge Walker has given his reasons for why he doesn't think the people who want to appeal have standing to appeal (and it is a good argument, though I am not devoid of confirmation bias since I like the outcome that results). But ultimately he doesn't get to make that decision, if the 9th Circuit or Supreme Court disagrees then the pro-8 people will be able to appeal. Otherwise it is left to the State of California to initiate the appeal and Brown and Schwarzenegger have said they don't plan to.

I assume that the deadline to appeal is before the next governor/AG will be in office and therefore if those went Republican they wouldn't have the option to appeal.

[innerSpaceman]

I guess you're right, Alex. If an AG wants to ignore the law and let others spend $3 Million to get something on the ballot, there's nothing to stop them.

Jen, the Ninth Circuit Court of Appeals will next decide whether to do an end-run around the law and let the Prop 8 proponents appeal without legal standing to do so. If they deny them standing, the U.S. Supreme Court will have a shot at it. So it's too early to say they "cannot" appeal the decision.

My gut feeling is that the Ninth Circuit wants to hear the case, but will be mindful of the law prohibiting an appeal, and the U.S. Supreme Court wouldn't care about the prohibition - but would prefer to duck the case for now.



ETA: Alex, the deadline to appeal is 30 days from the date of the decision, roughly 3 weeks from now. Long before the next election.

[Cadaverous Pallor]

Thanks for the clarifications. I've got my markers ready for more protest signs if needed.

[SzczerbiakManiac]

The 9th Circuit Court of appeals has granted Prop 8 proponents a stay on Judge Walker's ruling while it is appealed.

the legalese

[Ghoulish Delight]

The other thing of note in that document is that it puts the burden on the appealers to prove they have standing to do so.

[innerSpaceman]

I can hardly have confidence the Ninth Circuit will rule correctly on the standing issue when they just blatantly ignored the grounds for granting a stay.

[Disneyphile]

People piss me the hell off sometimes.

[Chernabog]

Originally Posted by innerSpaceman

I can hardly have confidence the Ninth Circuit will rule correctly on the standing issue when they just blatantly ignored the grounds for granting a stay.

To be fair to the 9th Circuit, the order doesn't say WHY they granted the stay. I doubt that it would fall under the abuse of discretion standard.

Did you really think the 9th circuit would NOT order a stay? I mean I was hoping, but there was like a 1 in a million chance.