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08/16/2010

9th Circuit's late summer 'stay'-cation

by Jeremy Hooper

Here's the order, which effectively delays the California same-sex marriages scheduled to start on Wednesday:

9th Circuit Ruling on Motion for Stay Pending Appeal

AUGUST 16, 2010

“Appellants’ motion for a stay of the district court’s order of August 4, 2010 pending appeal is GRANTED. The court sua sponte orders that this appeal be expedited pursuant to Federal Rule of Appellate Procedure 2. The provisions of Ninth Circuit Rule 31-2.2(a) (pertaining to grants of time extensions) shall not apply to this appeal. This appeal shall be calendared during the week of December 6, 2010, at The James R. Browning Courthouse in San Francisco, California.
The previously established briefing schedule is vacated. The opening brief is now due September 17, 2010. The answering brief is due October 18, 2010. The reply brief is due November 1, 2010. In addition to any issues appellants wish to raise on appeal, appellants are directed to include in their opening brief a discussion of why this appeal should not be dismissed for lack of Article III standing. See Arizonans For Official English v. Arizona, 520 U.S. 43, 66 (1997).

IT IS SO ORDERED.”

9th Circuit Ruling on Motion for Stay Pending Appeal [AFER]

And now a fair-minded response from folks who have something to lose:

"Today's 9th Circuit order expediting appeal of Chief Judge Walker's persuasive decision striking down Prop 8 and maintaining a stay during the appellate review, is a disappointing delay for many Californians who hoped to celebrate the freedom to marry and full inclusion in society as soon as possible. But there are many twists in the road to justice, and we are encouraged by the court's setting a fast pace for the appeal, revealing that the judges understand how important a quick end to the exclusion from marriage is to gay couples, their loved ones, and all Americans who believe in equality under the law. While the lawyers make the case for the freedom to marry in the courts of law, we have more months in which to make our case in the court of public opinion. The evidence at trial overwhelmingly confirmed that there is no good reason for withholding the freedom to marry from committed couples, and the Governor, the Attorney General, a majority of Californians, and a majority of Americans agree with Judge Walker that the freedom to marry helps families, while hurting no one. Prop 8 should never have been on the ballot and we look forward to seeing its stain removed from the law books, as we push forward on other fronts across the country."
-Evan Wolfson, Executive Director of Freedom to Marry, on the Ninth Circuit's ruling granting a stay in Perry v. Schwarzenegger [Freedom To Marry]

Oh, and let's not forget the self-centered spin from those who have turned this should-be non-issue into a "culture war":

Judge Walker gave the 9th Circuit Court of Appeals just 6 days to decide whether or not to overrule his order requiring the immediate issuing of marriage licenses to gay couples. Today the 9th Circuit, one of the most liberal in the country, stepped in to overturn that order, issuing a stay on implementing Judge Walker's ruling while it is appealed. Another smackdown of Judge Walker by an Appeals Court.

The knotty question of "standing" remains in play, however, since Governor Schwarzenegger and Attorney General Jerry Brown have both failed in their duty to defend the voters who passed Prop 8--and Judge Walker kept Imperial County (which opposes same-sex marriage) from intervening in the case (while allowing San Francisco to become a party).
Here's the question for today: If anti-Prop 8 lawyer Ted Olson is so convinced that after his vaunted trial the voters of California have no case--why is he now trying to prevent higher courts from reviewing his handiwork?

The judicial bias has been extraordinary, as once again powerful elites attempt to frustrate the manifest will of the people of California. This fight will continue!

Breaking news: Appeals Court Stays Judge Walker's Ruling [National Organization For Marriage]

By this point we should be used to our every race being a marathon rather than a sprint. Don't let the prize escape your gaze, lesbians.

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