Ninth Circuit slaps down Butch Otter

Timothy Kincaid

January 10th, 2015

Idaho Governor Butch Otter has had his hat handed back to him. Again.

Otter’s defense of the state’s anti-gay marriage laws hasn’t gone well. He lost in federal court. He lost on appeal at the Ninth Circuit. And the Supreme Court is not considering whether to hear Idaho’s appeal. On October 10th of last year, Justice Kennedy lifted the last stay and marriages have been occurring since.

But it seems that Otter hasn’t met Captain Obvious. So, in what appears to be a pointless effort, he appealed to the Ninth Circuit to hear his case en banc (by a larger panel of judges).

Yeah… no.

He did get the support of three judges, O’Scannlain, Rawlinson, and Bea, but,

The full court was advised of the petitions for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc reconsideration.


January 10th, 2015

Those in favour of an en banc hearing showed their hand rather blatantly, suggesting they had already decided the matter in favour of the defendants. While this may be common privately (judges are, for the most part, Human), including lack of impartiality into official court documents brings into question their objectivity in any case brought before them. Practically speaking it doesn’t matter, but such admissions don’t contribute to their judicial reputations.

enough already

January 11th, 2015

It is becoming harder and harder for these states to argue that their motivations are free of animus.
At this point, I’ve accepted that they are going to fight this tooth and nail to the very last moment.
And then, should the Supreme Court rule in our favor (not likely), they will begin the next round: The religious freedom nonsense.


January 11th, 2015

enough already: “And then, should the Supreme Court rule in our favor (not likely), they will begin the next round: The religious freedom nonsense.”

In case this was not a typo, while I am not an expert, the strong consensus of SCOTUS observers is that it will decide in our favour, 5 to 4, provided none of the five supportive Justices leaves the court before July 2015 for medical reasons.

Were SCOTUS inclined to decide that same-sex marriage bans are constitutional, they would have agreed to hear appeals from the 9th and 10th circuits in October and, more recently, they would have stayed lower court decisions overturning such bans without stays, so that SCOTUS would not end up having to eventually invalidate thousands of new same-sex marriages relying on these recent court decisions.

Ben in oakland

January 11th, 2015

Butch otter slapped down? sounds kinda……hawt.

“Take it, Butch. you know you like it.”


January 11th, 2015

Not surprising that he and other do not want to give up. Let’s face it we have only gotten as far as we have by persistence and not giving up.

Mark F.

January 12th, 2015

“Butch Otter” sounds like a porn name.

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