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CA Supremes: Gov and AG need not appeal Perry

Timothy Kincaid

September 9th, 2010

After the Pacific Justice Institute was laughed out of court for claiming that Governor Schwarzenegger and Attorney General Brown should be forced to appeal the decision in Perry v. Schwarzenegger, PJI appealed the 3rd Appeals court’s dismissal to the California Supreme Court.

And they got all excited when the CA Supremes asked Schwarzenegger and Brown to weigh in on the appeal. (Karen Ocamb)

The California Supreme Court has ordered the Attorney General and the Governor to respond by 9 am this morning explaining why they have not filed this appeal. Then the Pacific Justice Institute has just three hours to respond by noon today.

“We are pleased that the judicial branch is at least considering forcing the executive branch to do its job,” said Karen England, Executive Director of Capitol Resource Institute.

So the Governator and the Attorney General sent a letter to the court reminding them that they have discretion to appeal or not appeal and that this discretion is part of the constitutionally protected separation of powers. (And while it was expected and understood that neither wished to appeal, this is where the Governor went on record stating that he would not do so.)

And then the CA Supreme Court yawned and “denied review Wednesday without comment.”

So now it is official. Neither the Governor nor the Attorney General will be appealing the reversal of Proposition 8. But we will probably have to wait until the first week of December to find out whether the Ninth Circuit Court of Appeals will find that the appellants (the organization that sponsored Proposition 8) have any standing to appeal the case without them.

Comments

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Gregory
September 9th, 2010 | LINK

So, forgive me if this has been addressed, if this case is not appealed, won’t that prevent it from having legal weight elsewhere? Will it limit the findings of the court to CA, pushing the battle far into the future? Don’t we want this to go further?

Chris McCoy
September 9th, 2010 | LINK

Gregory said:

So, forgive me if this has been addressed, if this case is not appealed, won’t that prevent it from having legal weight elsewhere? Will it limit the findings of the court to CA, pushing the battle far into the future? Don’t we want this to go further?

If the 9th Circuit refuses to hear the appeal, the appellants (ADF) will appeal that ruling to the Supreme Court. The Supreme Court will then determine standing.

If the Supreme Court decides that the appellants have no standing, it ends there, and the ruling only applies to California.

There are advocates for and against taking Prop 8 all the way to the SCOTUS. It depends on whether you think the Court will find for or against, and by what margin.

There are even people on both sides (for Prop 8, and against Prop 8) who have argued for and against taking the case all the way to SCOTUS, for this reason.

T.J.
September 11th, 2010 | LINK

Right now, Justice Kennedy would rule in our favor, from all that I have read and heard. If he were to retire and we had a conservative president in the next term (2013-2017), he would appoint a conservative justice and that would be the end of it for a decade at least, so I hope that the court hears the case and that we get this declared unconstitutional now, before we tragically have to wait until my kids are graduating from college to have another chance at this (and I don’t even have kids yet).

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