Thoughts on the Ninth Circuit's Same-...

Thoughts on the Ninth Circuit's Same-Sex Marriage Decision

There are 13 comments on the volokh.com story from Feb 7, 2012, titled Thoughts on the Ninth Circuit's Same-Sex Marriage Decision. In it, volokh.com reports that:

I suspect that the backers of Prop. 8 won't even ask for en banc review by the Ninth Circuit, since they're unlikely to win there.

Join the discussion below, or Read more at volokh.com.

“WAY TO GO”

Since: Mar 11

IRELAND

#1 Feb 7, 2012
The author of the article is wrong about SCOTUS wanting to weigh in on this issue......they don't and most likely they won't.

California has NEVER had Civil Unions.....the state has had Domestic Partnerships, legal marriages for Same-Sex Couples and then basically back to Domestic Partnerships......and that's why the 9th ruled as they did!!!
Ex PA Senator Frothy Lube

Philadelphia, PA

#2 Feb 7, 2012
Well the backers of Prop. 8 have already said in the media that en banc is their very next step. Now they lie all the time, imo, but in this case I think we have bad commentary at the link.

“WAY TO GO”

Since: Mar 11

IRELAND

#3 Feb 7, 2012
The proponents can appeal to SCOTUS all they want.....but I seriously doubt that SCOTUS want's to touch their appeal........hopefully that will end this issue, at least for California.
Tucksun Jack

Tucson, AZ

#4 Feb 7, 2012
I beleive the Prop 8 supporters WILL ask for an en banc review. I also believe they will eitrher be denied that review, or if granted, the en banc court will affirm the ruling.

Either way, SCOTUS will no vote to hear this case.

Since: Mar 09

Location hidden

#5 Feb 8, 2012
From the article:

" ... The Ninth Circuit’s holding that the California voters are not entitled to correct their employees this way, because such correction is not “rational,” means that California and other states weren’t entitled to have this particular discrimination in the first place ..."

This is HUGE. It verges on calling existing State Constitutional Amendments discriminating against Marriage Equality "irrational", and thus not Constitutionally protecting against Judicial reversal.

Since: Mar 09

Location hidden

#6 Feb 8, 2012
Tucksun Jack wrote:
I beleive the Prop 8 supporters WILL ask for an en banc review. I also believe they will eitrher be denied that review, or if granted, the en banc court will affirm the ruling.
Either way, SCOTUS will no vote to hear this case.
An en banc might be of interest to our opposition because of the possibility of the Judicial Panel further restricting the parameters of the argument.

“Your religion is NOT in charge”

Since: Nov 11

Columbus

#7 Feb 8, 2012
It is unlikely that an en banc review would yield a different decision - the 9th circuit court has (even before this ruling) been accused of liberal domination, with 64% of the Justices having been appointed by Democratic Presidents.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#8 Feb 8, 2012
The Prop 8 proponents having nothing to lose by requesting an en banc review. It will delay any final ruling by the SCOTUS for at least another year, which means no marriage for same-sex couples in California for at least another year.

I think the Prop 8 proponents are banking on Obama losing in November and hoping a new GOP president gets to add another conservative anti-gay to the SCOTUS by the time the case gets there. Ginsberg doesn't have much time left.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#9 Feb 8, 2012
Another twist- it's my understanding the stay is only in effect to the end of the 14 day time limit for requesting an en banc review.

“WAY TO GO”

Since: Mar 11

IRELAND

#10 Feb 8, 2012
WeTheSheeple wrote:
Another twist- it's my understanding the stay is only in effect to the end of the 14 day time limit for requesting an en banc review.
That is my understanding and Olson will fight to have the stay lifted as the proponents can't seem to prove any harm to them!!!

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#11 Feb 8, 2012
RnL2008 wrote:
<quoted text>
That is my understanding and Olson will fight to have the stay lifted as the proponents can't seem to prove any harm to them!!!
According to Reuters, the Prop8 proponents haven't decided whether to file for the en banc review or appeal directly to the SCOTUS. Reuters reiterated that the stay is in effect for 14 days.

IF they decide not to appeal to the full 9th circuit, I expect they'll ask for an emergency stay from the SCOTUS until they prepare their writ. They have 90 days to file that. Of note, the justice who will decide whether to grant a stay is Justice Kennedy.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#12 Feb 8, 2012
Numerous "experts" are now openly speculating that the SCOTUS won't accept this case because the ruling was so narrowly tailored to California.

I think that's what the Prop8 people are trying to decide. In spite of their public bravado, they're not stupid. If they think the SCOTUS won't accept the case, then they'll file for an en banc review & permanent stay of the current ruling just to delay marriage equality in California as long as possible.
Rainbow Kid

Alpharetta, GA

#13 Feb 8, 2012
The more this is analyzed; the more evident it becomes that the 9th has checkmated the PropH8'ers
.
Let the wedding bells ring!
.
ding-a-ling-a-ling

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