The panel of judges for the 9th circuit appeal of Prop 8 has been announced today. The three judge panel will hear arguments for the standing of the Defenders, and on the Prop 8 ruling itself, on Monday, December 6th.
Names and analysis below the fold.
First the good news. the three judges are:
Judge Stephen Roy Reinhardt: Judge Reinhardt was appointed by Jimmy Carter in 1980. He is regarded as one of the most liberal judges on the court of appeals, and is also one of the most overturned judges in the nation. This 1997 article from the Weekly Standard discusses how often he is overturned. He has ruled strongly for gay couples in the past:
On Nov. 18, 2009, the judge ruled in favor of a gay couple who were having their spousal health care benefits denied - Brad Levenson and Tony Sears were married during the period gay marriage was legal in California during 2008, and was seeking benefits for his partner while working as a public defender for the federal government.
Judge Reinhardt is also the judge that wrote the "standing" decision in the 1997 case in Arizona:
Judge Reinhardt also wrote an opinion relating to "standing" in a 1997 case relating to Arizona voters amending the state Constitution to make English the state’s official language. In that opinion written by Judge Reinhardt, the court held that the sponsors of the ballot initiative could intervene. But later that year, the U.S. Supreme Court unanimously thought the Ninth Circuit had "lost sight" of the limitations of federal courts to decide definitively on the meaning of state legislation.
This may well mean that he will be less likely to grant standing to the Defenders.
Judge Michael Daly Hawkins: Nominated by Bill Clinton in 1994, confirmed that same year. Unlike Reinhardt there isn't a lot of writing about him. He was a Captain in the Marine Corps, acting as a martial military judge.
He was part of the decision that ruled that the FBI officers that shot Randy Weaver and his wife should not be prosecuted.
Judge Norman Randy Smith was appointed by George W. Bush in 2007 after a failed bid to appoint him in 2005 (this may have as much to do with regional politics as left-right politics: the 2007 Senate was controlled by Democrats)...
Smith was nominated by President George W. Bush to two different vacancies on the Ninth Circuit before eventually being confirmed. The first nomination, on December 16, 2005 was to fill the vacancy left by Judge Stephen S. Trott. However, after opposition from California senators Dianne Feinstein and Barbara Boxer, who argued that Smith, an Idahoan, had been nominated to a "California seat", his nomination stalled in the 109th Congress.
Following the Democratic Party takeover of the U.S. Senate in the aftermath of the November 2006 elections, and the withdrawal of fellow Ninth Circuit nominee William Gerry Myers III, President Bush resubmitted Smith's name to the 110th Congress on January 16, 2007. The new nomination was to the seat left open by Idaho judge Thomas G. Nelson, resulting in Smith's confirmation on February 15, 2007 by a vote of 94-0, over a year after his original nomination.
He was also Chairman of the Idaho Republican Party in the early 1990s.
Assuming that the ruling follows the stereotypes, it will be 2-1 in favor of upholding Judge Walker's ruling.
There is already mumbling on the right that Reinhardt is a "good" thing because he is overturned so much. I would rather look at what is overturned on a case by case basis. I think everyone will be on their best behavior here; but things look very good with the draw. Personally I am still hoping for a 3-0 ruling, even with a Mormon on the bench.
For more detailed look what will be happening on the 6th, see my previous diary.
If anyone has more information on Smith or Hawkins, I will gladly update my diary with the information. There is a ton of info on Reinhardt, but just not a lot out there on the other judges (something I find somewhat comforting).
Assuming this ruling is appealed (and we all know it will be), the next step would be the full 9th Circuit.