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View Diary: The Ninth Circuit's restrained decision on Proposition 8 (141 comments)

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  •  It might be their only shot (0+ / 0-)

    It's a pretty straight forward application of Romer. The specific set of facts the Circuit relied upon will probably never repeat themselves (and relatedly there is no circuit split). And its impact is limited to a single state. Ordinarily, the Supreme Court probably wouldn't accept cert under these facts. They might think that their only chance to have the ruling overturned is an en banc panel.

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