Might Mean Something, Might Not

[WillParkinson]

Might Mean Something, Might Not

If Protect Marriage's emergency motion to stay the overturn of Prop 8 is denied by the Ninth Circuit Court, they are expected to immediately appeal to the Supreme Court. The justice assigned to hear cases from the Ninth is swing voter Anthony Kennedy.

Interestingly, as the clock ticks down on Judge Walker's stay extension, Justice Kennedy will be in Hawaii to appear at the annual Ninth Circuit Judicial Conference, which runs Monday through Thursday next week. Kennedy is the scheduled speaker at 10:45am the day after Walker's stay expires. The three judge panel that will hear Protect Marriage's motion has not yet been assigned (I don't think), but at least some of the Ninth Circuit judges will also be at the conference.

I don't what, if anything, this could mean for the case.

http://joemygod.blogspot.com/2010/08/might-mean-something-might-not.html

[customerserviceguy]

1. You're right, it might mean nothing

If the Ninth Circuit says that the Prop Haters have no standing in the case, and California refuses to appeal to that court, then equal marriage does NOT get a fast track to the SCOTUS unless Kennedy acts. He's probably well aware that he's the swing vote on this issue, and that may make him a bit uncomfortable.

It would be easy for him to just let this cup pass, and simply allow California to be the sixth state to allow equal marriage, without it having implications for the rest of the country. My readings this last week tell me that the Massachusetts case headed for the Federal appellate courts are solely on the issue of treating same-sex marriages in the states where they are allowed as being equal to heterosexual marriages as regards the Federal treatment of them. As I understand it, the issue of full faith and credit when transporting same-gender marriages across state lines is not a part of the MA case.

In that case, we get two Americas, one where equal marriage exists, and one where it is banned.

[dickthegrouch]

2. KCBS Radio had a great story on this

They were saying that no-one yet knows who the three judge emergency hearing panel for the 9th circuit for August is. But as soon as any decision comes out of it, we'll know definitively who they are and what their leanings or influences might be.

It seems very strange to be writing that when one of the issues (possibly) is Judge Vaughn Walker's own supposed bias as a gay man. As I mused in another thread (But But But He should have recused himself) no-one can be considered without conflict in this case.