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View Diary: Scotus Blog: Supreme Court won’t uphold or strike down Prop 8 (199 comments)

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  •  It would leave Prop 8 standing (7+ / 0-)

    But every individual in the district's jurisdiction could then sue for a marriage license, and the court would almost certainly have to issue them. There is nothing in this case that makes it so unique that the legal principles could not apply to similarly situated couples. I'd say it is unlikely that is the course that the court will want to go. I'd say it is more likely to remand the case back down to the circuit level and the whole circuit would have to recognize the ruling as precedent. Would would be a BFD. The 9th circuit contains not only California, but also pretty much all of the west, including Alaska and Hawaii

    •  Yeah, but the district court's opinion (0+ / 0-)

      is binding on other district courts, even within that district.

      •  No - a district court ruling is not binding (0+ / 0-)

        One judge on a district court is not bound by legal decisions of another district court judge, whether on the same court or not.  

        If the Ninth Circuit's decision is vacated, and the district court opinion here is found not to bind anyone but the specific plaintiffs (i.e., that those specific plaintiffs get a marriage license, and that's it), then a conservative district court judge in San Francisco could most certainly deny the next same-sex couple a marriage license on grounds that Prop 8 is constitutional.

        Now, if THAT happened, then presumably the plaintiffs could appeal to the Ninth Circuit, and there would be no standing issues whatsoever.  But a different Ninth Circuit panel could also find Prop 8 constitutional; they would not be bound by a prior vacated panel decision to the contrary.

    •  District Court Injunction (0+ / 0-)

      The trial court decision did not just rule that the plaintiffs in that case could marry.  The judge granted a permanent injunction prohibiting the State from enforcing Prop 8 against anybody.  So, the ruling already applies to everybody in the State.  No real risk of future lawsuits and potentially inconsistent decisions within the state.

    •  Could such a suit be brought as a class action (0+ / 0-)

      suit on behalf of all same sex couples that wish to marry or would each individual couple have to sue separately?

      You have watched Faux News, now lose 2d10 SAN.

      by Throw The Bums Out on Tue Mar 26, 2013 at 12:30:28 PM PDT

      [ Parent ]

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