Ninth Circuit refuses to rehear Prop 8 ruling (legal, election, good news)
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If the SCOTUS refuses to grant cert, it looks like marriage equality will be restored in California.
I've been of the opinion that the USSC will do just that, because it is hard to imagine five votes to overturn the very narrow Ninth Circuit ruling which only currently affects the unique circumstances in California. Thus, I've doubted whether the conservative bloc could muster 4 votes to grant cert. What is there to gain, given that the USSC will start over with briefs and oral arguments, and could potentially issue a ruling such as Judge Walker initially issued at the District Court level?
But now I'm wondering of the will to grant cert won't come from the liberal bloc for precisely that reason...
Awesome news! I bet SCOTUS will avoid this like the plague right now.
I don't see why. If they hear the case, it will be late this year or early next year. A decision would likely come next May/June/July, almost as far from the next national election as a decision can come. Almost perfect timing, really, for a potentially huge decision such as this.
I don't see why. If they hear the case, it will be late this year or early next year. A decision would likely come next May/June/July, almost as far from the next national election as a decision can come. Almost perfect timing, really, for a potentially huge decision such as this.
Don't get me wrong. I want them to take it up because it's such a god awful case for the anti-same sex marriage side. I just don't see this Court tackling it at this juncture especially since I recall the Walker opinion being narrowly tailored to California.
There is no reason to be surprised, period -- en banc re-hearings are very rarely granted by any Circuit Court of Appeals. Far less than 1% of Circuit Court of Appeals decisions are ever re-heard en banc.
There is no reason to be surprised, period -- en banc re-hearings are very rarely granted by any Circuit Court of Appeals. Far less than 1% of Circuit Court of Appeals decisions are ever re-heard en banc.
Yes, they did as expected of most any court. I'm not sure if this is the case people want the SCOTUS deciding or not.
I'm guessing they will come down on equal protection but it's not going to be a stretch for them to come down on states rights.
Yes, they did as expected of most any court. I'm not sure if this is the case people want the SCOTUS deciding or not.
I'm guessing they will come down on equal protection but it's not going to be a stretch for them to come down on states rights.
But state's rights was NOT the original argument put forth in the original case. Using the Equal Protection clause by David Boles who argued the original case was a simple, elegant, and brilliant legal argument. The legal position of that argument is REALLY strong. If the SCOTUS rules on the legality of the decision as oppose to the politics of the decision my guess is it will be upheld.
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