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Prop 8 Supporters To Petition for En Banc Review

Jim Burroway

February 21st, 2012

Charles Cooper, the lead attorney for the proponents of Proposition 8, told Metro Weekly that they intend to file a petition before today’s end-of-the-day deadline asking that the Ninth Circuit Court of Appeals reviews the decision handed down by a three-judge panel upholding a lower court’s ruling that Prop 8 is unconstitutional. Once the filing is made, the entire 20-member court will vote on whether to hold an en banc review. If they approve the petition, then Judge Alex Kozinski, the circuit’s chief judge, and 10 randomly selected judges from the circuit will hear the en banc appeal. That will involve more briefs, more hearings and more time, virtually guaranteeing that the case won’t reach the U.S. Supreme Court this year.



February 21st, 2012 | LINK

At this point, doesn’t it seem like they’re using the appeal process to just delay the inevitable rather than actually try to get it overturned?

February 22nd, 2012 | LINK

This is actually good for us IMO.

We’ve started off with a strong case, thanks to Olson & Boies, and so far each successive court ruling has made it stronger through a combination of chipping away at the arguments for upholding the ban, and rulings based on core conservative principles such as limited government. This makes it much more difficult for SCOTUS to overturn the ban, since the left wing will undoubtedly rule in our favour, while the right wing will find it difficult to overturn the existing rulings.

The most recent case has also given SCOTUS’s right wing a very obvious middle-way option: a narrow ruling that only affects those jurisdictions that have already legalised – CA, IA, NY, MS, CT, NH, VT, DC, WA, probably MD, and possibly NJ, ME and RI. While this wouldn’t be the much-longed-for gay marriage equivalent of Lawrence-v-Texas, it would provide an extra line of protection for those gay couples who are already married.

February 22nd, 2012 | LINK

Remember that like under 1 percent of cases from the 9th get an en banc hearing. Let’s see if they actually take it.

February 22nd, 2012 | LINK

The exact percentage in 2010 was .24% as a matter of fact.​showarticle.aspx?show=12794​

Mark F.
February 22nd, 2012 | LINK

My guess is that they don’t get their en banc hearing.

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