9th Circuit Punts On Perry Prop 8; Certifies Standing To California

The one last parting thought I have is that this California Supreme Court certification process is likely to take some time. Six months would be a miracle, a year is far more likely. First off, the California Supreme Court does not have to accept consideration, and there will be a briefing process on whether they even should do that. Assuming they then accept consideration on the merits, and I do ...

FireDogLake • Jan 7, 2011

The Stay Issue in the Perry Prop 8 Case

I think Judge Walker will deny the stay and force the 9th Circuit to start consideration of the appeal immediately. It is a safe bet that Alex Kozinsky and the judges in the 9th understand full well the stakes and intention of Walker; they are likely to move the case right along....

FireDogLake • Aug 7, 2010

Walker's Decision in Prop 8 Case Written With Kennedy in Mind

There's no question that Judge Walker, like any other judge, I'd imagine, likes his rulings to hold up on appeal. That's why he did two very specific things with the Prop 8 ruling. He established a rigorous fact pattern, because the appellate courts will have to deal with those facts in their opinions. And, he basically tailored his ruling with respect to precedent on cases decided by the one man ...

FireDogLake • Aug 7, 2010

El Coyote's Prop 8 Supporter: She's Baaaaaack

In November 2008, it came out that Marjorie Christoffersen, the niece of the owner of the venerable El Coyote restaurant in Los Angeles, had made a donation to Prop 8; Marjorie is Mormon and was prompted to make the donation based on her faith, despite many of the restaurants customers being gay or gay-friendly. After a huge uproar and and effective boycott, Marjorie resigned from her position a...

FireDogLake • Apr 9, 2010

Liveblogging Prop 8 Trial Tuesday Morning 3/16

Judge Walker did not appear to be pleased to be reminded of the several times the Ninth Circuit has overruled his orders in this case, and said "Thank you" and left the bench. Shortly thereafter, the Clerk announced that Court was in recess. Chatting with lawyers afterward, no one seems to think today's activity made a verdict appear any sooner, although there was some discussion that we could ge...

FireDogLake • Mar 17, 2010

Preview: San Diego Mayor Sanders Testifies Tuesday in Prop 8 Trial

Mayor Sanders will testify Tuesday for the Plaintiffs. This personal testimony about not being able to deny rights to those you know and love might resonate with SCOTUS Associate Justice Anthony Kennedy in the Lawrence case. Did some SCOTUS clerks of Justice Kennedy approach him when Lawrence was being heard? Did they, previously closeted, come out to him and personally testify to him about the p...

FireDogLake • Jan 17, 2010