Prop 8 Going To The Supreme Court

Jun 5, 2012 | Posted by: Sei | Full story: lezgetreal.com

It is official, the 9th Circuit Court of Appeals has refused to take up the Prop 8 case.A This means that it is going straight to the Supreme Court.A The case will be argued by two men familiar to the Supreme Court- former Solicitor General Ted Olsen and his former Bush v. Gore opponent David Boies.A Olsen is a Conservative who has argued the ... (more)

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“Greetings!”

Since: Dec 06

Tampa, FL

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#1
Jun 5, 2012
 

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Well, i may be in the minority here, but i don't think SCOTUS will actually HEAR the case. Given the quality of the case by the pro-gay-marriage(anti prop 8) legal team AND the way the lower courts have ruled, it's not set-in-stone that anyof the lower courts rulings warrent appeal.

The decision to take on a case is based on how the lower courts ruled, the cases they cited and the scope of their rulings. In this case, i don't belive there's anything in the lower court rulings that would warrent hearing the case.

THat, and i'm not sure the justices are ready to take on this issue in the middle of an election year.

Oh, and just know that even if they do hear the case and uphold the lower court rulings, its very unlikely that SCOTUS would apply their ruling to every state - since this is a Califonia ballot initiative issue.

Just saying, don't assume SCOTUS will take the case!

“Equality First”

Since: Jan 09

St. Louis, MO

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#2
Jun 5, 2012
 

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TampaBob wrote:
Well, i may be in the minority here, but i don't think SCOTUS will actually HEAR the case. Given the quality of the case by the pro-gay-marriage(anti prop 8) legal team AND the way the lower courts have ruled, it's not set-in-stone that anyof the lower courts rulings warrent appeal.
The decision to take on a case is based on how the lower courts ruled, the cases they cited and the scope of their rulings. In this case, i don't belive there's anything in the lower court rulings that would warrent hearing the case.
THat, and i'm not sure the justices are ready to take on this issue in the middle of an election year.
Oh, and just know that even if they do hear the case and uphold the lower court rulings, its very unlikely that SCOTUS would apply their ruling to every state - since this is a Califonia ballot initiative issue.
Just saying, don't assume SCOTUS will take the case!
I think you are correct, except that if they did dain to here it, they probably wouldn't do so ubtil the Spring of 2013. But I delieve it is a moot point, because they probably don't want to hear it at all.

“Equality First”

Since: Jan 09

St. Louis, MO

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#3
Jun 5, 2012
 
sorry for the typos. I'm only able to type with one hand at the moment.

“ reality, what a concept”

Since: Nov 07

this one

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#4
Jun 5, 2012
 

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And their timing on this couldn't have been any better if they planned it. This puts the proponents on the clock to appeal before the Court's next term begins. We should know by October whether the Supremes are going to actually hear it, or if they are going to quietly sacrifice California's amendment, more or less on a technicality, in order to wait for the next state challenges which haven't even been filed yet.

They've been handed the perfect out from this particular fight, they'd be damned fools not to take it.

“Together for 24, legal for 5”

Since: Sep 07

Littleton, NH

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#5
Jun 5, 2012
 

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TampaBob wrote:
Well, i may be in the minority here, but i don't think SCOTUS will actually HEAR the case. Given the quality of the case by the pro-gay-marriage(anti prop 8) legal team AND the way the lower courts have ruled, it's not set-in-stone that anyof the lower courts rulings warrent appeal.
The decision to take on a case is based on how the lower courts ruled, the cases they cited and the scope of their rulings. In this case, i don't belive there's anything in the lower court rulings that would warrent hearing the case.
THat, and i'm not sure the justices are ready to take on this issue in the middle of an election year.
Oh, and just know that even if they do hear the case and uphold the lower court rulings, its very unlikely that SCOTUS would apply their ruling to every state - since this is a Califonia ballot initiative issue.
Just saying, don't assume SCOTUS will take the case!
I hope that you are correct. I fear, however, that many underestimate the fervor of some justices to deliver a defeat to gays in particular and liberals in general.

“Common courtesy, isn't”

Since: Nov 07

Location hidden

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#6
Jun 5, 2012
 

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I have believed for some time now that SCOTUS is not going to want to address this issue over and over again. So many cases regarding the constitutionality of same sex marriage (including cases related to Prop 8, DOMA, and the Full Faith and Credit Clause) are working their way up through the system, that it makes sense that SCOTUS would find it more effective to deal with this issue more broadly, definitively, and decisively.

I strongly suspect that the 9th Circuit's ruling will stand as the final word on the narrow case involving Prop 8 in the meantime.

“ WOOF !”

Since: Oct 10

Coolidge, AZ

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#7
Jun 5, 2012
 

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TampaBob wrote:
Well, i may be in the minority here, but i don't think SCOTUS will actually HEAR the case. Given the quality of the case by the pro-gay-marriage(anti prop 8) legal team AND the way the lower courts have ruled, it's not set-in-stone that anyof the lower courts rulings warrent appeal.
The decision to take on a case is based on how the lower courts ruled, the cases they cited and the scope of their rulings. In this case, i don't belive there's anything in the lower court rulings that would warrent hearing the case.
THat, and i'm not sure the justices are ready to take on this issue in the middle of an election year.
Oh, and just know that even if they do hear the case and uphold the lower court rulings, its very unlikely that SCOTUS would apply their ruling to every state - since this is a Califonia ballot initiative issue.
Just saying, don't assume SCOTUS will take the case!
I agree. I've been saying this for a long time. I don't think SCOTUS will vote to hear this case.

“IT'S TIME TO ELIMINATE”

Since: Mar 11

PROP 8 AND DOMA!!!

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#8
Jun 5, 2012
 

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I've been talking to someone and they believe that the 9th took so long in making this decision because they have an idea on what SCOTUS has been discussing......and SCOTUS more than likely will NOT hear the appeal.....when they get back in session.

If SCOTUS would have indicated something different, then the 9th would have probably granted the en blanc hearing.

“IT'S TIME TO ELIMINATE”

Since: Mar 11

PROP 8 AND DOMA!!!

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#9
Jun 5, 2012
 

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The article is making a HUGE assumption that SCOTUS will take up the appeal, if an appeal is made to them......and there is NO GUARANTEE that will happen.

In fact it has ALWAYS been PRESUMED that the Perry case would be heard by SCOTUS, but that has NEVER been a factor here......and all the proponents have been successful at up to this point is delays......and soon, that tacked will expire and they will have to come to terms that they have LOST THIS FIGHT!!!

“... from a ...”

Since: Mar 09

GREAT HEIGHT

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#10
Jun 5, 2012
 

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RalphB wrote:
sorry for the typos. I'm only able to type with one hand at the moment.
(jokes multiply)

“... from a ...”

Since: Mar 09

GREAT HEIGHT

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#11
Jun 5, 2012
 

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SCOTUS is currently narrowly conservative and inclined away from an Unenumerated Powers stance.

I expect certiorary to be denied for lack of Federal issue.

“IT'S TIME TO ELIMINATE”

Since: Mar 11

PROP 8 AND DOMA!!!

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#12
Jun 5, 2012
 

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snyper wrote:
SCOTUS is currently narrowly conservative and inclined away from an Unenumerated Powers stance.
I expect certiorary to be denied for lack of Federal issue.
I believe there is a Federal issue....but SCOTUS would rather deal with Section 3 of DOMA, than with the Perry case and it's narrowness of it's scope.....but that's just my opinion!!!

“... from a ...”

Since: Mar 09

GREAT HEIGHT

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#13
Jun 5, 2012
 

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RnL2008 wrote:
<quoted text>
I believe there is a Federal issue....but SCOTUS would rather deal with Section 3 of DOMA, than with the Perry case and it's narrowness of it's scope.....but that's just my opinion!!!
Not in the case itself there isn't.

“IT'S TIME TO ELIMINATE”

Since: Mar 11

PROP 8 AND DOMA!!!

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#14
Jun 5, 2012
 
snyper wrote:
<quoted text>
Not in the case itself there isn't.
Are you talking about the Perry case? or DOMA?

Since: Jan 12

Commonwealth of Pennsylvania

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#15
Jun 5, 2012
 
Supreme court won't hear the case because of the way the 9th Circuit made the ruling. When the Supreme Court decides not to hear the case gay marriage will once again be the law of land in California. That means marriage equality will return to California in less than 90 days. All you California gays you better go out and buy your wedding suits before they sell out.

“Trolls are Clueless”

Since: Dec 07

Aptos, California

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#16
Jun 5, 2012
 
The writer of this article, Bridgette P. LaVictoire, says, "This means that it is going straight to the Supreme Court. The case will be argued ...."

The fact of the matter is that SCOTUS also has the option of refusing to hear the case. My money in on their refusal because there is nothing out of order with the lower court's decision. They have covered very legal issue sufficiently. What's more, their is nothing new to add to federal law with regard to this specific case.

“ WOOF !”

Since: Oct 10

Coolidge, AZ

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#17
Jun 5, 2012
 
Wat the Tyler wrote:
Supreme court won't hear the case because of the way the 9th Circuit made the ruling. When the Supreme Court decides not to hear the case gay marriage will once again be the law of land in California. That means marriage equality will return to California in less than 90 days. All you California gays you better go out and buy your wedding suits before they sell out.
Except the Judge Walker's decision has been stayed. After SCOTUS refuses to hear the case (I think they will refuse to do so), I believe another application has to be made to the courts to lift the stay, so it will still take more time than many may think.

“IT'S TIME TO ELIMINATE”

Since: Mar 11

PROP 8 AND DOMA!!!

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#18
Jun 5, 2012
 
FaFoxy wrote:
<quoted text>
Except the Judge Walker's decision has been stayed. After SCOTUS refuses to hear the case (I think they will refuse to do so), I believe another application has to be made to the courts to lift the stay, so it will still take more time than many may think.
First off.....SCOTUS is in recess until October......so, they won't make any decision on it til then at the earliest.

Secondly......if SCOTUS should decide not to hear the appeal from the proponents of Prop 8......that's the end.....no more and the stay will be lifted at that time.........no more applying for it to be lifted.

It will ONLY take more time if SCOTUS decides to drag their feet on this issue or if they opt to hear the appeal.......but I seriously doubt they will hear the appeal.

“ WOOF !”

Since: Oct 10

Coolidge, AZ

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#19
Jun 5, 2012
 
RnL2008 wrote:
<quoted text>
First off.....SCOTUS is in recess until October......so, they won't make any decision on it til then at the earliest.
Secondly......if SCOTUS should decide not to hear the appeal from the proponents of Prop 8......that's the end.....no more and the stay will be lifted at that time.........no more applying for it to be lifted.
It will ONLY take more time if SCOTUS decides to drag their feet on this issue or if they opt to hear the appeal.......but I seriously doubt they will hear the appeal.
I'm well aware that SCOTUS is in recess til October after their term ends this month. I still think a separate application to the courts must be made for the stay to be issued. The stay is not automatically ifted after SCOTUS denies the appeal (which I have always said that they will do).

“IT'S TIME TO ELIMINATE”

Since: Mar 11

PROP 8 AND DOMA!!!

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#20
Jun 5, 2012
 
FaFoxy wrote:
<quoted text>
I'm well aware that SCOTUS is in recess til October after their term ends this month. I still think a separate application to the courts must be made for the stay to be issued. The stay is not automatically ifted after SCOTUS denies the appeal (which I have always said that they will do).
So, what you're saying is that after SCOTUS refuses to hear an appeal by the proponents of Prop 8......another delay could happen as someone must then file to lift the stay, right? Why would the stay be automatically lifted?

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