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Judge Walker's Prop 8 ruling upheld: here's what happens next.

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TheWraith Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 04:38 PM
Original message
Judge Walker's Prop 8 ruling upheld: here's what happens next.
As you may have heard, Judge Walker's ruling on the Proposition 8 case in California was upheld on appeal today by the US District court.

That means that--assuming, of course, that the pro-8 group continues to try to appeal--their next step above the District court is the 9th Circuit Court of Appeals. They'll file, and the 9th Circuit will decide whether or not to hear it.

If they decide to hear it, that means in essence a repeat of the district court case, where the pro-8 group tries to present a case for why Walker's ruling is no good and should be overturned. If this happens, it's highly unlikely that they would overturn Walker's verdict.

On the chance that the 9th Circuit doesn't decide to hear the appeal--which is less likely but still possible--then the pro-8 group would have to try to appeal to the Supreme Court.

Either way, the SCOTUS is the next step after the 9th Circuit, and they also decide whether to hear the case or not. This is much harder than getting heard by the 9th Circuit, and if the 9th Circuit chooses not to hear the appeal, the odds of the SCOTUS listening are even lower.

Put in simple terms, this is a long way from over, but the odds of the other side winning went down sharply today.
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kwassa Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 04:41 PM
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1. Fantastic news!
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Metta Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 04:42 PM
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Mazel tov. Way past time to be put to rest.
:hi:
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Metta Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 04:42 PM
Response to Original message
2. duplicate
Edited on Tue Jun-14-11 04:44 PM by Metta
nt
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sabrina 1 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 04:42 PM
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3. Good, I was just reading about that this morning.
I wonder what this SC will do? I would think that they would rule on the law, not on ideology but you never know.

The legal arguments seem to fairly solid imo. He was not married, not intending to get married so how was there a conflict of interest?

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wryter2000 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 04:42 PM
Response to Original message
4. Thanks for the analysis
When does it ever end? Still, good news for today.
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TheWraith Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 04:43 PM
Response to Reply #4
5. The court system is designed to be slow, I'm afraid.
The only thing designed to be slower is Congress.
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Brother Buzz Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 04:53 PM
Response to Reply #5
8. Slow is good for the Proposition 8 proponents
They don't want this wedge issue to die a sudden, yet expected death.
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dixiegrrrrl Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 04:45 PM
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6. Thanks for the nice summation/update.
:hi:
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RandySF Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 04:52 PM
Response to Original message
7. As much as I want to win, I do not want to win on the standing issue.
If we win based on the h8te side's standing, I feel we're going to be fighting with ballot propositions forever. I want to win on the core issue of Equal Protection and settle it once and for all.
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TheWraith Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 04:55 PM
Response to Reply #7
9. I'm not sure that I follow you--how are we talking about their standing?
Today's ruling was about their attempt to get Walker's verdict overturned on the grounds that he wasn't impartial.
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