OK

Okay, who else is on pins and needles awaiting the 9th Circuits opionion on PropH8?

Yeah... me too. Thought I would open up the waiting room to hang out and discuss.

So what is expected today?

From Chris Geidner at Metro Weekly:

On Tuesday, the Ninth Circuit is expected to rule on the questions of Walker's recusal and the proponents' standing. The court, if it holds that recusal was not necessary and that the proponents do have standing, will address the constitutionality of Proposition 8. As the public information office is not the court's judges, its words are not law, but today's notice does gloss over the standing question, which would make it appear that the court is likely to find that the proponents do have standing -- which was to be expected in light of the California Supreme Court's decision on that matter.
From our friends at Prop8 Trial Tracker:
The other issue on everyone’s mind is, what comes next? The losing side could appeal the decision in one of two ways. First, they could request what is called an en banc hearing. In most appellate courts, this involves the decision by a panel of judges (in this case, the 3-judge panel reviewing the Perry v. Brown case) being reviewed by all the judges on the appeals court. In the 9th Circuit, however (by far the largest appellate court in the country), an en banc hearing involves 11 of the court’s judges. In order for this review to occur, a majority of all active judges in the 9th Circuit must vote to rehear it. Many legal observers believe it is unlikely the court would allow an en banc hearing. The losing party could then appeal the case to the U.S. Supreme Court. The Supreme Court has discretion over which cases it decides to hear, and hears arguments in only about 1% of all petitions filed for certiorari (judicial review) each term, so there is no guarantee it would take up an appeal of Perry. If four Supreme Court Justices agree to hear the case, the Supreme Court will review the case. If the 9th Circuit were to uphold the district court ruling but narrowly apply its reasoning only to California, it is unlikely the Supreme Court would take up the appeal. If the 9th Circuit were to recognize a right to marriage equality in the U.S. Constitution for its entire jurisdiction, which includes almost all of the western United States, the Supreme Court would be more likely to accept an appeal of the decision.
So... whatcha doin? Nervous?

UPDATE: Anyone planning a post opinion diary? (so I can switch my attention there) :)

Originally posted to cooper888 on Tue Feb 07, 2012 at 08:25 AM PST.

Also republished by California politics.

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