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View Diary: High Comedy! Prop 8 Backers To Court: Releasing Trial Tapes Will Make Us “Look Bad” (120 comments)

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  •  A BFD? (5+ / 0-)

    My first inclination was to say "not so much." Unless of course the CA court were to rule that California law doesn't grant defendant-intervenor's any right to carry on an appeal if the state refuses to do so. THAT would be a BFD (though they'd probably try to appeal it anyway even though it would appear to be the end of the line). In the more likely event that the CA court grants the D/I's standing, it's still up to the Ninth Circuit to determine whether federal law agrees (and that is less likely though the court's own request for a ruling seemed to be sympathetic). Any ruling on FEDERAL standing is likely to be appealed, no matter which way it goes, unless our side decides it's better to argue the merits of the actual decision instead of the standing issue. Now, thinking logically, Walker's decision seems pretty secure to me. On the other hand, the Supreme Court does seem lately as though they are more than willing to ignore logic and common sense to get to a conclusion they prefer. So it's going to come down to what conclusion SCOTUS prefers. And, on the other hand, if the Ninth Circuit grants standing but not the appeal, SCOTUS is probably going to want to avoid ruling on Prop 8 at all. If standing continues to be at issue, they may want to rule on that but not on the validity of Prop 8. Whatever happens it's still going to be messy and time-consuming.

    •  It's a BFD either way (2+ / 0-)
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      CajunBoyLgb, drawingporno

      because it speeds up the painfully glacial process a smidge.  I realize it can be appealed but suspect it will not actually end up getting heard further if standing is denied,  and if they do grant standing it may move along faster than I had originally thought.  If standing is granted I am less hopeless than you that SCOTUS will strike down the original ruling, though I would bet that they would do so narrowly rather than a broad decision (we'll see I guess).  Perhaps my threshold for BFD is lower than yours.  ;P

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