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	<title>Comments on: Will Prop 8 get &#8220;en banc&#8221; hearing by Ninth Circuit?</title>
	<atom:link href="http://www.boxturtlebulletin.com/2012/06/04/45276/feed" rel="self" type="application/rss+xml" />
	<link>http://www.boxturtlebulletin.com/2012/06/04/45276</link>
	<description>News, analysis and fact-checking of anti-gay rhetoric</description>
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		<title>By: jerry</title>
		<link>http://www.boxturtlebulletin.com/2012/06/04/45276/comment-page-1#comment-125537</link>
		<dc:creator>jerry</dc:creator>
		<pubDate>Thu, 07 Jun 2012 19:48:10 +0000</pubDate>
		<guid isPermaLink="false">http://www.boxturtlebulletin.com/?p=45276#comment-125537</guid>
		<description>When Mark F. posted that an en banc hearing has been denied, I was curious and went looking for more details.  It was not a close decision to deny a rehearing it was 21 of the 25 judges who declined.  One of those wanting a rehearing seemed to me to be willing to consider any idea to deny California citizens the right to a civil marriage.  The two judges in the majority on the ruling responded quite adequately IMO.

http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202557415962</description>
		<content:encoded><![CDATA[<p>When Mark F. posted that an en banc hearing has been denied, I was curious and went looking for more details.  It was not a close decision to deny a rehearing it was 21 of the 25 judges who declined.  One of those wanting a rehearing seemed to me to be willing to consider any idea to deny California citizens the right to a civil marriage.  The two judges in the majority on the ruling responded quite adequately IMO.</p>
<p><a href="http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202557415962" rel="nofollow">http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202557415962</a></p>
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		<title>By: Mark F.</title>
		<link>http://www.boxturtlebulletin.com/2012/06/04/45276/comment-page-1#comment-125254</link>
		<dc:creator>Mark F.</dc:creator>
		<pubDate>Tue, 05 Jun 2012 17:14:17 +0000</pubDate>
		<guid isPermaLink="false">http://www.boxturtlebulletin.com/?p=45276#comment-125254</guid>
		<description>An en banc hearing was just DENIED. Next stop SCOTUS.</description>
		<content:encoded><![CDATA[<p>An en banc hearing was just DENIED. Next stop SCOTUS.</p>
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		<title>By: werdna</title>
		<link>http://www.boxturtlebulletin.com/2012/06/04/45276/comment-page-1#comment-125252</link>
		<dc:creator>werdna</dc:creator>
		<pubDate>Tue, 05 Jun 2012 16:09:20 +0000</pubDate>
		<guid isPermaLink="false">http://www.boxturtlebulletin.com/?p=45276#comment-125252</guid>
		<description>@Andrew-There&#039;s no need for an apostrophe in &quot;typos&quot; if you mean the plural of &quot;typo.&quot; 

:-)</description>
		<content:encoded><![CDATA[<p>@Andrew-There&#8217;s no need for an apostrophe in &#8220;typos&#8221; if you mean the plural of &#8220;typo.&#8221; </p>
<p>:-)</p>
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		<title>By: Blake</title>
		<link>http://www.boxturtlebulletin.com/2012/06/04/45276/comment-page-1#comment-125244</link>
		<dc:creator>Blake</dc:creator>
		<pubDate>Tue, 05 Jun 2012 14:40:43 +0000</pubDate>
		<guid isPermaLink="false">http://www.boxturtlebulletin.com/?p=45276#comment-125244</guid>
		<description>Whew, it&#039;s not our joke, it&#039;s Jerry Seinfeld&#039;s. Irony is lost on some I &#039;spose. My personal preference is that grammar &#039;aficionados&#039; e-mail in their corrections because, in my opinion, nothing screams ostentatious pretentiousness like pointing out grammar mistakes in the comments section.

But back on topic, all else being equal, which of these would be the best?

I would think an en banc confirmation with a denial of the motion to grant a writ of certiorari would be ideal. That way dissents would have to focus on the facts at hand rather than on the decision to &quot;not hear it&quot; and we&#039;d have no wider imposition of an unpopular right from an unelected body. 

On the other hand: who knows? Perhaps we&#039;ll never be &quot;ready&quot; as a country to accept gay marriage as my argument presupposes; in that case it&#039;d be pointless to hope that this case doesn&#039;t appear before the SC. Plus the SC doesn&#039;t necessarily have to impose anything. This might very well be the best chance we have before the high court for a long time... at least until those DOMA cases work their way up.</description>
		<content:encoded><![CDATA[<p>Whew, it&#8217;s not our joke, it&#8217;s Jerry Seinfeld&#8217;s. Irony is lost on some I &#8216;spose. My personal preference is that grammar &#8216;aficionados&#8217; e-mail in their corrections because, in my opinion, nothing screams ostentatious pretentiousness like pointing out grammar mistakes in the comments section.</p>
<p>But back on topic, all else being equal, which of these would be the best?</p>
<p>I would think an en banc confirmation with a denial of the motion to grant a writ of certiorari would be ideal. That way dissents would have to focus on the facts at hand rather than on the decision to &#8220;not hear it&#8221; and we&#8217;d have no wider imposition of an unpopular right from an unelected body. </p>
<p>On the other hand: who knows? Perhaps we&#8217;ll never be &#8220;ready&#8221; as a country to accept gay marriage as my argument presupposes; in that case it&#8217;d be pointless to hope that this case doesn&#8217;t appear before the SC. Plus the SC doesn&#8217;t necessarily have to impose anything. This might very well be the best chance we have before the high court for a long time&#8230; at least until those DOMA cases work their way up.</p>
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		<title>By: Andrew</title>
		<link>http://www.boxturtlebulletin.com/2012/06/04/45276/comment-page-1#comment-125233</link>
		<dc:creator>Andrew</dc:creator>
		<pubDate>Tue, 05 Jun 2012 10:30:57 +0000</pubDate>
		<guid isPermaLink="false">http://www.boxturtlebulletin.com/?p=45276#comment-125233</guid>
		<description>Ryan -- frankly, I&#039;m terrified of a Romney win simply because it puts us in a 12/16 GOP domination of the courts in any case, with a strong possibility of a 16/20 domination -- and the Democrats in the Senate don&#039;t appear to play hardball on nominees to the extent that the GOP does.  Ginsberg is the tip of the iceberg here.  4 - 8 years is a long time.  

By the way -- it is common usage to put words in another language (French, or Latin, for example) in italics.  Names of ships may be italicized or underlined.  Books titles should be underlined.  

Grammatically and stylistically, the quotation marks are 100% correct for the reasons given.  Also, the use of &quot;Nazi&quot; might have been reduced to the lower case (&quot;nazi&quot;) to connote a  colloquial usage of the word, rather than a direct reference to the actual National Socialist Party.  

At the end of the day, anyone in journalism will tell you that comprehension takes precedence over the strict rules of grammar.  While I hate to see a coarsening of the written language arising from laxity, I also realize we don&#039;t need to write as though it&#039;s 1880, either.  (By the way, I was always taught that contractions should be eschewed in formal writing, but that&#039;s style, not grammar).  Oh, and the only thing more annoying than an incorrect grammar nazi is an incorrect grammar nazi with a bad case of political correctness.  If I want to use the term &quot;grammar nazi&quot;, I certainly will, and I don&#039;t need people who can&#039;t figure out quotation marks questioning my intelligence, education, or morals in an effort to discredit an argument -- which is precisely what that little attempt at shaming Ryan was intended to achieve.  

Tim, we&#039;ve had many back and forths.  I still think y&#039;all (and, for the record, I&#039;m a Yankee -- I just love the pronoun that actually addresses the weakness of the Queens English in failing to identify the 2nd person plural) need a copy editor from time to time, especially re: typo&#039;s, but there&#039;s something charming and non-slick about a site that actually has its share of typo&#039;s, and which typically retains its factual failings with cross-out rather than simply pretending something was never said.  The only exception to that, in my opinion, would be when you post quotations -- given that you are effectively speaking on someone else&#039;s behalf, typo&#039;s in a quotation leave the reader with a question as to who made the error, and that can impact the impression being made of the original source, and that&#039;s not okay.  

Alright I&#039;ve said my piece.  Time for bed.</description>
		<content:encoded><![CDATA[<p>Ryan &#8212; frankly, I&#8217;m terrified of a Romney win simply because it puts us in a 12/16 GOP domination of the courts in any case, with a strong possibility of a 16/20 domination &#8212; and the Democrats in the Senate don&#8217;t appear to play hardball on nominees to the extent that the GOP does.  Ginsberg is the tip of the iceberg here.  4 &#8211; 8 years is a long time.  </p>
<p>By the way &#8212; it is common usage to put words in another language (French, or Latin, for example) in italics.  Names of ships may be italicized or underlined.  Books titles should be underlined.  </p>
<p>Grammatically and stylistically, the quotation marks are 100% correct for the reasons given.  Also, the use of &#8220;Nazi&#8221; might have been reduced to the lower case (&#8220;nazi&#8221;) to connote a  colloquial usage of the word, rather than a direct reference to the actual National Socialist Party.  </p>
<p>At the end of the day, anyone in journalism will tell you that comprehension takes precedence over the strict rules of grammar.  While I hate to see a coarsening of the written language arising from laxity, I also realize we don&#8217;t need to write as though it&#8217;s 1880, either.  (By the way, I was always taught that contractions should be eschewed in formal writing, but that&#8217;s style, not grammar).  Oh, and the only thing more annoying than an incorrect grammar nazi is an incorrect grammar nazi with a bad case of political correctness.  If I want to use the term &#8220;grammar nazi&#8221;, I certainly will, and I don&#8217;t need people who can&#8217;t figure out quotation marks questioning my intelligence, education, or morals in an effort to discredit an argument &#8212; which is precisely what that little attempt at shaming Ryan was intended to achieve.  </p>
<p>Tim, we&#8217;ve had many back and forths.  I still think y&#8217;all (and, for the record, I&#8217;m a Yankee &#8212; I just love the pronoun that actually addresses the weakness of the Queens English in failing to identify the 2nd person plural) need a copy editor from time to time, especially re: typo&#8217;s, but there&#8217;s something charming and non-slick about a site that actually has its share of typo&#8217;s, and which typically retains its factual failings with cross-out rather than simply pretending something was never said.  The only exception to that, in my opinion, would be when you post quotations &#8212; given that you are effectively speaking on someone else&#8217;s behalf, typo&#8217;s in a quotation leave the reader with a question as to who made the error, and that can impact the impression being made of the original source, and that&#8217;s not okay.  </p>
<p>Alright I&#8217;ve said my piece.  Time for bed.</p>
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		<title>By: Timothy Kincaid</title>
		<link>http://www.boxturtlebulletin.com/2012/06/04/45276/comment-page-1#comment-125219</link>
		<dc:creator>Timothy Kincaid</dc:creator>
		<pubDate>Tue, 05 Jun 2012 05:22:45 +0000</pubDate>
		<guid isPermaLink="false">http://www.boxturtlebulletin.com/?p=45276#comment-125219</guid>
		<description>Tony 

No problem, I&#039;m not offended.  But I probably would not do differently in a future similar situation. 

I assume that most of our readers are not attorneys nor find regular use of the term &quot;en banc&quot;.  And generally when I introduce an unfamiliar term or phrase, especially one with a connection to the legal field, I put it in quotes in it&#039;s first usage so as to cue the reader that it wasn&#039;t a typo, but a term with a specific meaning. 

This may not be proper grammar; I&#039;m really not sure. But it&#039;s what I&#039;ve become accustomed to in my line of work and it makes sense to me. 

Perhaps you can forgive Jim and me if we fail to use proper grammar from time to time. Though we both write a great deal as part of our regular full time jobs, neither of us has a journalistic degree, background, or training. Jim is an engineer and I am an accountant. </description>
		<content:encoded><![CDATA[<p>Tony </p>
<p>No problem, I&#8217;m not offended.  But I probably would not do differently in a future similar situation. </p>
<p>I assume that most of our readers are not attorneys nor find regular use of the term &#8220;en banc&#8221;.  And generally when I introduce an unfamiliar term or phrase, especially one with a connection to the legal field, I put it in quotes in it&#8217;s first usage so as to cue the reader that it wasn&#8217;t a typo, but a term with a specific meaning. </p>
<p>This may not be proper grammar; I&#8217;m really not sure. But it&#8217;s what I&#8217;ve become accustomed to in my line of work and it makes sense to me. </p>
<p>Perhaps you can forgive Jim and me if we fail to use proper grammar from time to time. Though we both write a great deal as part of our regular full time jobs, neither of us has a journalistic degree, background, or training. Jim is an engineer and I am an accountant. </p>
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		<title>By: Gene in L.A.</title>
		<link>http://www.boxturtlebulletin.com/2012/06/04/45276/comment-page-1#comment-125217</link>
		<dc:creator>Gene in L.A.</dc:creator>
		<pubDate>Tue, 05 Jun 2012 05:16:26 +0000</pubDate>
		<guid isPermaLink="false">http://www.boxturtlebulletin.com/?p=45276#comment-125217</guid>
		<description>Tony, he put it in quotes for the same reason you did in your post. As someone with a degree in English I disagree that it &quot;doesn&#039;t belong in quotes.&quot; Maybe you can say on what your belief is based? There are often acceptable exceptions to rules of usage.</description>
		<content:encoded><![CDATA[<p>Tony, he put it in quotes for the same reason you did in your post. As someone with a degree in English I disagree that it &#8220;doesn&#8217;t belong in quotes.&#8221; Maybe you can say on what your belief is based? There are often acceptable exceptions to rules of usage.</p>
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		<title>By: Timothy Kincaid</title>
		<link>http://www.boxturtlebulletin.com/2012/06/04/45276/comment-page-1#comment-125216</link>
		<dc:creator>Timothy Kincaid</dc:creator>
		<pubDate>Tue, 05 Jun 2012 05:10:50 +0000</pubDate>
		<guid isPermaLink="false">http://www.boxturtlebulletin.com/?p=45276#comment-125216</guid>
		<description>Ebohlman,

Yes, Judge Vaughn Walker, not the other way around. Thanks. It&#039;s now corrected. </description>
		<content:encoded><![CDATA[<p>Ebohlman,</p>
<p>Yes, Judge Vaughn Walker, not the other way around. Thanks. It&#8217;s now corrected. </p>
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		<title>By: Tony</title>
		<link>http://www.boxturtlebulletin.com/2012/06/04/45276/comment-page-1#comment-125215</link>
		<dc:creator>Tony</dc:creator>
		<pubDate>Tue, 05 Jun 2012 04:01:34 +0000</pubDate>
		<guid isPermaLink="false">http://www.boxturtlebulletin.com/?p=45276#comment-125215</guid>
		<description>Anyway, nothing against you Timothy. I hope you don&#039;t take this personally. I was just pointing out something that I feel is incorrect. I think you&#039;re a great writer, and I will continue to read the postings on this site.</description>
		<content:encoded><![CDATA[<p>Anyway, nothing against you Timothy. I hope you don&#8217;t take this personally. I was just pointing out something that I feel is incorrect. I think you&#8217;re a great writer, and I will continue to read the postings on this site.</p>
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		<title>By: Tony</title>
		<link>http://www.boxturtlebulletin.com/2012/06/04/45276/comment-page-1#comment-125214</link>
		<dc:creator>Tony</dc:creator>
		<pubDate>Tue, 05 Jun 2012 03:59:41 +0000</pubDate>
		<guid isPermaLink="false">http://www.boxturtlebulletin.com/?p=45276#comment-125214</guid>
		<description>And the only thing more annoying than incorrect grammar Nazis are the people who actually call them Nazis. Do you honestly not understand the weight of that word? Seriously. And no, that wasn&#039;t an answer. He put something in quotes that doesn&#039;t belong in quotes. It doesn&#039;t matter if it was defined immediately after. If I call you an &quot;asshole&quot; and then immediately tell you what it means, it doesn&#039;t suddenly make it OK to put in quotes.</description>
		<content:encoded><![CDATA[<p>And the only thing more annoying than incorrect grammar Nazis are the people who actually call them Nazis. Do you honestly not understand the weight of that word? Seriously. And no, that wasn&#8217;t an answer. He put something in quotes that doesn&#8217;t belong in quotes. It doesn&#8217;t matter if it was defined immediately after. If I call you an &#8220;asshole&#8221; and then immediately tell you what it means, it doesn&#8217;t suddenly make it OK to put in quotes.</p>
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