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Old 08-13-2010, 10:07 AM   #1
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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.
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Old 08-13-2010, 10:13 AM   #2
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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.
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Old 08-13-2010, 11:48 AM   #3
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Thanks for the clarifications. I've got my markers ready for more protest signs if needed.
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Old 08-16-2010, 04:05 PM   #4
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The 9th Circuit Court of appeals has granted Prop 8 proponents a stay on Judge Walker's ruling while it is appealed.

the legalese
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Old 08-16-2010, 04:11 PM   #5
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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.
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Old 08-16-2010, 04:25 PM   #6
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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.
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Old 08-16-2010, 11:11 PM   #7
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Quote:
Originally Posted by innerSpaceman View Post
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.
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Old 08-17-2010, 07:10 AM   #8
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Quote:
Originally Posted by Chernabog View Post
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.
No, a stay pending appeal is pretty typical. But I'd like to know on what grounds it was granted, other than tradition. It seems to me the prudent thing to do, but it also seems to fly in the face of all the requirements for a stay.

I want nothing more from the courts than for the law to be followed.



Pfft, I also hope the Prop 8 Proponents are granted standing, so the case can actually be appealed. But I don't want the law flouted in order to get there. If they don't have standing, then that should unfortunately be the end of it.
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Old 08-16-2010, 07:02 PM   #9
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Old 08-17-2010, 02:41 AM   #10
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