Ninth Circuit Court of Appeals to release their opinion on Prop 8 case tomorrow (Feb 7)!

[racaulk]

February 6, 2012 Contact: David Madden, [phone]

Advance Notice of Opinion Filing

The Court anticipates filing an opinion tomorrow (Tuesday, February 7) by 10:00 a.m. in Perry v. Brown, case numbers 10-16696 and 11-16577, regarding the constitutionality of Proposition 8 and the denial of a motion to vacate the lower court judgement in the case. A summary of the opinion prepared by court staff will be posted along with the opinion.

Link: http://www.ca9.uscourts.gov/datastore/general/2012/02/06/Prop8_Announce_2.pdf

Here we go, folks. Keep your fingers crossed!

[William769]

1. I don't live in California, but I can tell you right now

I won't get no sleep tonight.

Thanks for posting.

[racaulk]

3. Same here. I don't live in California either.

But this case has ramifications for all of us throughout the country, because I'm sure the case will be appealed to the SCOTUS regardless of tomorrow's opinion.

I'm right there with you, I'm also a nervous wreck! But the strained nerves today and lack of sleep tonight will be worth it if the Ninth Circuit rules in our favor tomorrow. I am hopeful that tomorrow will be a good day for us!

[William769]

4. Agreed.

[MineralMan]

5. I used to live in California.

I'm hopeful that the court will reverse the wrong that Prop. 8 did. I don't see how they can reasonably decide otherwise. If they do, though, I'm sure an attempt will be made to take it to the SCOTUS. There, I'm not so optimistic about the outcome.

[William769]

6. I could be totally wrong but

I believe whatever side takes it to SCOTUS, it will be a good thing.

[MineralMan]

7. Well, I have to say that I think the case should be unassailable

that denying marriage is denying constitutional rights. However, I fear that the current SCOTUS might well find a way around that logical argument. I'm very concerned about this when it hits the SCOTUS. However, they may well deny certiorari on this case, since it's a state matter. That could well be their way out of having to decide such a case.

[Irishonly]

8. In a sane world there never would have been Prop 8

I am hoping sanity wins for a change.

[William769]

9. Me too.

[msongs]

2. will the mormon church rule california? stay tuned.... nt

[Evasporque]

10. There is not really an appeal to SCOTUS....

writ of certiorari is a petition of the court to hear the case. There is no automatic appeal....

The court decides if there is a unresolved point of law or unclear precedent or possibly errors in the original case. Typically errors will result in SCOTUS refusing to hear the case and return it to lower courts for a ruling. I doubt any of those will apply in this case. Thus SCOTUS will deny the writ from defenders of Prop 8.

SCOTUS clears any confusion between the districts and unifies and creates a clear precedent and fact of law.

In this case I am going to predict that Prop 8 will be finished and marriages will be underway immediately.

The haters will issue a writ of certiorari but SCOTUS will refuse to hear the case. if another case in another district is brought up....and upholds the states constitutional amendments then SCOTUS would hear the case.

But I suspect this ruling be a reiteration of the original ruling....there are no other mechanisms to halt marriage in California....

The ruling will stand.

[racaulk]

11. Great post.

This is an important distinction to make, and one that I usually forget. Appeals to the SCOTUS are not automatic, but the Prop 8 defenders will certainly issue a writ so that they can try to appeal.

Assuming that is the case, that leads me to wonder when marriages in California will resume: when the Ninth Circuit issues its (hopefully favorable) opinion tomorrow or when the SCOTUS actually denies the writ? Do you know? I just hate to think that marriages will be further delayed by yet another legal mechanism employed by the H8ers.


Edited for clairty.

[Skwid]

12. A couple of minor corrections, if I may be so bold. The 'writ' of cert. is a decision by the SC

to hear the appeal, it is one possible result of the -petition- which is initiated by the losing party in a given case and is made TO the court, not "of" it. SCOTUS may well deny the petition and issue a Writ of Denial which means they have done what you mentioned in your 2nd sentence.

I would love to think your analysis and prediction will come true but I'm far less sanguine, I believe the 9th will invent some way to 'kick the can' on down the road for a while in hopes some other judicial entity will eventually bite the bullet (yikes, all these metaphors!) and expose itself to the bigotry and venom from a few million knuckledraggers. We'll see pretty soon, though...here's hoping!

[William769]

13. Correct me If I'm wrong but there is only one other judicial entity

It can be kicked to (SCOTUS), it's not going to go back to a lower court and the only other court above the 9th circuit is SCOTUS.

The 9th circuit has to act one way or another.

[Skwid]

14. No, now that the 9th has ruled, it can only go 'up' but that also includes the entire en banc 9th

if that's how the proponents decide to attack it. They don't -have- to, they can bypass that and go directly to USSC. I think we will find out in the next very few days. It will be a couple more years before it's finally settled, sadly, either way.

[William769]

15. I believe thats what I said.

[Skwid]

16. Yes, you did and I apologize, I thought you meant the ruling of today eliminated any other path

except to the USSC. I see now I mis-read it. Do you have any special insight as to which way it will proceed? I think the proponents will go for an all-out push to USSC, either because they know something we don't or more probably to conserve money. But then if I had precognition I'd be down at the store buying Powerball tickets instead of posting here. hahahah


On edit: I think I see where we got confused, the timing was partly responsible, when I posted my reply it was -after- today's ruling (Tuesday) and I did not notice your post was from the night before until just now. On Monday night, it was absolutely certain the 9th Circuit would have to be heard...and it was!