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Response to William769 (Original post)

Tue Nov 13, 2012, 03:25 PM

3. Split on a decision to take up the appeal or let the District Court ruling stand?

Maybe balancing arguments / considerations for a state-by-state approach vs a broader federal approach. If they let the District Court ruling that CA Prop 8 is unconstitutional stand, it only applies to California. Great result for California. Prop 8 would be struck down. Period. Yet it sidesteps a broader challenge to DOMA at a federal level, for now.

My gut take is they will choose that course and deal with appeals from district courts as they work their way up the review process. I also think that all parties know it will eventually come down to a federal SCOTUS decision. And I'd bet all realize that DOMA will eventually be found unconstitutional across the board.

(disclaimer - no constitutional scholar here, be any means. Interested gay observer to the process and CA resident.)

http://www.lambdalegal.org/in-court/cases/perry-v-schwarzenegger

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Arrow 12 replies Author Time Post
William769 Nov 2012 OP
closeupready Nov 2012 #1
Anthony McCarthy Nov 2012 #2
Pab Sungenis Nov 2012 #12
LineNew Reply Split on a decision to take up the appeal or let the District Court ruling stand?
pinto Nov 2012 #3
MineralMan Nov 2012 #4
okasha Nov 2012 #6
MineralMan Nov 2012 #7
okasha Nov 2012 #8
Evasporque Nov 2012 #9
MineralMan Nov 2012 #10
Fearless Nov 2012 #5
Pab Sungenis Nov 2012 #11
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