LGBT attorneys: What do I need to know about the 9th Circuit Court of Appeal?

[Duncan Grant]

http://blogs.sacbee.com/capitolalertlatest/2010/08/judge-declines-to-issue-stay-o.html">Judge removes stay on Proposition 8 ruling, allowing gay marriages to resume Aug. 18


A randomly selected three-judge 9th Circuit panel will likely be convened to review Walker's finding and the evidence presented during a trial earlier this year. The federal trial lasted more than two weeks in Walker's courtroom in the U.S. District Court for the Northern District of California in San Francisco.

A private team of attorneys defending Proposition 8 argued that voters had rational fears of the consequences and social and family changes that might occur with same-sex marriage.

The plaintiffs' attorneys argued before Walker that moral disapproval and prejudice was behind Proposition 8, and that the defense showed no rational reason to justify denying gay couples a fundamental right such as marriage.

The case is likely destined for an appeal to the U.S. Supreme Court. Proposition 8, which 52 percent of voters passed in November 2008, amends California's state constitution to declare that marriage is only between a man and a woman.

Any info or insight into the 9th's process would be appreciated. Also, if I were a member of the 9th Circuit Court -- would I ever be asked to explain or defend my position on this ruling publicly? Perhaps in front of the Senate Judiciary Committee, etc.? I haven't a clue. Thanks in advance.

[greeneyedboy]

1. these are the sources I have been following

Can't answer your last question but there's a lot of good material on the Ninth Circuit.

Analysis of the most recent filings from last night (plaintiffs' response was due at 11 p.m. Friday):
http://prop8trialtracker.com/2010/08/14/late-night-prop-8-trial-news/


Who's likely to be on the panel considering the appeal (not just the stay but the merits of the case if in fact the Prop 8 proponents are given standing to appeal):
http://emptywheel.firedoglake.com/2010/08/12/breaking-news-judge-walkers-prop-8-stay-decision/
excerpt:

So who are these judges, and what is the book on them? Well, that is where the fun comes in. They are all three Clinton appointees, and two of them, Marsha Berzon and Ray Fisher, clerked for Justice Brennan. Solid liberal credentials for sure, and Kim Wardlaw may actually be even more enlightened. If the appeal gets assigned to this panel, it would be in excellent hands and I would like very much the chances for upholding Judge Walker’s decision in favor of marriage equality for all.

Specific FAQs and details at

http://prop8trialtracker.com/2010/08/12/analysis-of-judge-walkers-decision-on-the-stay-and-whats-next/

http://www.nclrights.org/site/PageServer?pagename=issue_marriage_ExtendedStayFAQ081210

http://www.towleroad.com/2010/08/we-almost-have-marriage-equality.html

http://calitics.com/diary/12276/prop-8-stay-standing




General sources that have been explaining every step of the process:

http://prop8trialtracker.com/

http://www.calitics.com (esp. posts by Brian Devine at http://www.calitics.com/user/Be_Devine )

http://metroweekly.com/poliglot/

http://firedoglake.com/prop8trial/

[greeneyedboy]

2. profile of the judges on the stay panel

http://www.mercurynews.com/crime-courts/ci_15775379?nclick_check=1

[Duncan Grant]

3. Great resources all -- especially this article.

Thank you, greeneyedboy! Off to do research. :applause:

[greeneyedboy]

4. glad I'm not the only one obsessed with every little detail

The process is so slow that in the long lags in between steps, what else can we do but study every word and try to read the tea leaves? Glad I am not the only one doing so. My spouse is a bit tired of hearing "you know what *else* is fascinating about blah blah blah in the Perry case?..." every day.


Forgot to mention that the wikipedia summary is very good.
http://en.wikipedia.org/wiki/Perry_v._Schwarzenegger

[greeneyedboy]

5. LATimes on who has standing to appeal

http://www.latimes.com/news/opinion/commentary/la-oe-chemerinsky-gay-marriage-20100815,0,6839883.story?track=rss

Ironically, the conservative position on who has standing in federal court could end up ensuring Judge Walker's ruling cannot be appealed.

[greeneyedboy]

6. all documents are in (per scotusblog.com)

http://www.scotusblog.com/blog/2010/08/16/prop-8-briefing-complete/

includes a link to a PDF of the Prop 8 proponents' doc from this morning. (Basically boils down to "this is what we say marriage is, so you can't say marriage is something else".)

[greeneyedboy]

7. stay granted

http://prop8trialtracker.com/2010/08/16/breaking-9th-circuit-stays-judge-walkers-ruling-appeal-scheduled-december-6/

[Duncan Grant]

8. I'm wondering if we should prepare for justice or Oscar-worthy political theater?

Thanks for the links, greeneyedboy. :hi:

I expect Meg Whitman to exploit this before the end of the day tomorrow...

[Duncan Grant]

10. Meg Whitman will defend Prop 8 -- and we're all surprised to hear that, aren't we?

August 20, 2010
Meg Whitman says she would defend Proposition 8

Republican gubernatorial candidate Meg Whitman said this afternoon that if elected governor, she would defend Proposition 8, which prohibits same-sex marriage, by appealing a recent federal court ruling declaring the proposition unconstitutional.

Whitman made her clearest stand to date on the issue while speaking at the warehouse of Solar Gard Window Film in San Diego, hours before she's scheduled to address the California Republican Party's convention downtown.

During a brief news conference, the Bee asked Whitman whether she would defend Proposition 8 if elected governor. The 9th U.S. Circuit Court of Appeals has taken up the issue after Chief Judge Vaughn Walker of the U.S. District Court of Northern California declared the measure unconstitutional earlier this month.

"The issue right now is, as I understand is 'Will Proposition 8 have the appropriate support to actually make an appeal to the circuit court of appeals?' " Whitman said. "And I think the governor, the attorney general today has to defend the constitution and has to enable the judicial process to go along and has to enable an appeal to go through. So if I was governor, I would give that ruling standing to be able to appeal to the circuit court."

Read more: http://blogs.sacbee.com/capitolalertlatest/2010/08/meg-whitman-says-she-would-def.html#ixzz0xDU6Z8fn

[Duncan Grant]

9. Interesting analysis of today's stay ruling by Ari Ezra Waldman:

This appeal is just one in a series of steps necessary to win marriage equality rights. While it may be frustrating to wait to exercise our fundamental rights, we are not just in this fight for California.

If this case ended with Judge Walker’s order, we would have marriage equality in California, but it would be of limited precedential weight across the country. Having the imprimatur of an appellate court or, ultimately, the U.S. Supreme Court, will do more to advance the cause of marriage equality than one district court order.

http://sdgln.com/news/2010/08/16/news-analysis-appeals-court-stay-just-another-legal-hurdle-prop-8-case