The Gay Thread - Page 60

Alex · 08-13-2010, 10:07 AM

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.

innerSpaceman · 08-13-2010, 10:13 AM

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 · 08-13-2010, 11:48 AM

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

SzczerbiakManiac · 08-16-2010, 04:05 PM

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 · 08-16-2010, 04:11 PM

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 · 08-16-2010, 04:25 PM

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.

Chernabog · 08-16-2010, 11:11 PM

Quote:

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.

innerSpaceman · 08-17-2010, 07:10 AM

Quote:

Originally Posted by Chernabog

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.

Disneyphile · 08-16-2010, 07:02 PM

People piss me the hell off sometimes.

Gn2Dlnd · 08-17-2010, 02:41 AM

Now more No More Mr. Nice Gay. Sigh.

08-13-2010, 10:07 AM	#1
Alex . Join Date: Feb 2005 Posts: 13,354	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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08-13-2010, 10:13 AM	#2
innerSpaceman Kink of Swank Join Date: Jan 2005 Location: Inner Space Posts: 13,075	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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08-13-2010, 11:48 AM	#3
Cadaverous Pallor ohhhh baby Join Date: Jan 2005 Location: Parental Bliss Posts: 12,364	Thanks for the clarifications. I've got my markers ready for more protest signs if needed. __________________ The second star to the right shines in the night for you
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08-16-2010, 04:05 PM	#4
SzczerbiakManiac "ZER-bee-ak" Join Date: Jan 2005 Posts: 4,409	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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08-16-2010, 04:11 PM	#5
Ghoulish Delight I Floop the Pig Join Date: Jan 2005 Location: Alternative Swankstyle Posts: 19,348	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. __________________ 'He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me.' -TJ
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08-16-2010, 04:25 PM	#6
innerSpaceman Kink of Swank Join Date: Jan 2005 Location: Inner Space Posts: 13,075	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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08-16-2010, 07:02 PM	#9
Disneyphile SQUIRREL! Join Date: Jan 2005 Location: On the curbside. Posts: 5,098	People piss me the hell off sometimes.
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08-17-2010, 02:41 AM	#10
Gn2Dlnd Parmmadore Jim Join Date: Jan 2005 Location: Casita del Queso Posts: 3,810	Now more No More Mr. Nice Gay. Sigh. __________________ Does anyone still wear a hat?
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