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View Diary: Prop 8 Decision -- The Executive Summary (5 comments)

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  •  All the money poured into this CA Prop 8 fracus (2+ / 0-)
    Recommended by:
    Simian, bythesea

    by the anti-gay out of state contributors and lobbyists must feel burnt to a crisp regardless of how finessed the decision looks, and in spite of all the expensive and artful weaseling games with lawyer logic.

    Would it be overstating it to conclude that perhaps the judges do intend the suit to die marooned in an untenable legal morass at this juncture?

    When life gives you wingnuts, make wingnut butter!

    by antirove on Tue Feb 07, 2012 at 03:51:20 PM PST

    •  I think that would overstate it a bit. (3+ / 0-)
      Recommended by:
      antirove, FG, kurt

      The 9th Circuit did untangle the legal morass from which this case came, although I didn't discuss it since it was not part of the main holding. It certified the question whether the Prop 8 proponents had standing to appeal (meaning it sent that question out to the California Supreme Ct. for a ruling), and got the answer back, "Yes." It also determined that it had jurisdiction to hear the case. So procedurally, it is all copacetic now.

      What they did, in my opinion, was hand the Supreme Court a very good reason to either deny certiorari or uphold the appeal. Since the decision followed good existing Supreme Court precedent (Romer) the Court could very well decide there is no controversy between the circuits worth of resolving, and let the case stand. If it does accept cert, it is still likely to uphold the decision, based on Romer. I very much doubt the Supremes would go any further and adopt Walker's rationale.

      You can tell Monopoly is an old game because there's a luxury tax and rich people can go to jail.

      by Simian on Tue Feb 07, 2012 at 03:58:21 PM PST

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