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View Diary: Bowers v. Hardwick was decided 25 years ago today (74 comments)

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  •  We don't know that. (2+ / 0-)
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    Clarknt67, sfbob

    By the time the other guy (forgetting his name) would have been sworn in, the case had already been heard at the 9th Circuit.

    Would he have been allowed to come in at that point?  Maybe not.  In fact, probably not.

    One should no more deplore homosexuality than left-handedness. ~Towards a Quaker View of Sex, 1964 (Proud left-handed queer here!) SSP: wmlawman

    by AUBoy2007 on Thu Jun 30, 2011 at 05:02:59 PM PDT

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    •  I am sure he would have tried. (0+ / 0-)

      He said so in the campaign. Would the Justices bent over backward to look fair? Who knows?

      Is the LGBT community inclusive enough to embrace the glitter-dispersal impaired? Discuss.

      by Scott Wooledge on Thu Jun 30, 2011 at 07:10:22 PM PDT

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      •  Sorry but no. (1+ / 0-)
        Recommended by:
        Clarknt67

        Not this time.  The failure to file a timely notice of appeal is jurisdictional.  The state failed to file an appeal from the judgment.  At that point, the judgment became final with respect to the state, and the Ninth Circuit could not have entertained an appeal filed beyond the appeal period.

        Nor do I think the state would have been permitted to intervene on appeal.  That would basically be allowing an untimely notice of appeal through the back door.

        The most a Republican AG could have hoped for was to file an amicus brief.  But he'd have been in the supremely awkward position of contradicting the filing the state had made below.  

        "Ça c'est une chanson que j'aurais vraiment aimé ne pas avoir écrite." -- Barbara

        by FogCityJohn on Thu Jun 30, 2011 at 09:56:21 PM PDT

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    •  Definitely not (1+ / 0-)
      Recommended by:
      AUBoy2007

      Remember your appellate procedure, young lawyer.  The filing of a timely notice of appeal is jurisdictional.  Without a timely notice of appeal, the Court of Appeals literally has no power to hear a party's case.

      "Ça c'est une chanson que j'aurais vraiment aimé ne pas avoir écrite." -- Barbara

      by FogCityJohn on Thu Jun 30, 2011 at 09:57:55 PM PDT

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