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pnwmom

(108,926 posts)
Sat Jun 29, 2013, 09:39 PM Jun 2013

About the 25 days CA was *supposed* to wait before going ahead with gay marriages.

The Federal Court had initially overturned Prop. 8; then issued a stay, preventing it from being overturned till the SCOTUS ruled; then the SCOTUS said the case should have never come to them and referred it back to the Federal Court; then the Federal Court lifted its stay and CA immediately started issuing marriage licenses -- but now some pro Prop 8 group has filed a complaint saying that they should have been given the standard 25 days to file their almost-certain-to-be-defeated appeal.

Not to worry. Here's why:

http://www.chron.com/news/us/article/Same-sex-couples-line-up-to-be-married-4638052.php

Many legal experts who had anticipated such a last-ditch effort by gay marriage opponents said it was unlikely to succeed because the 9th Circuit has independent authority over its own orders — in this case, its 2010 stay.

While the ban's backers can still ask the Supreme Court for a rehearing, the 25-day waiting period is not binding on lower federal courts, Vikram Amar, a constitutional law professor with the University of California, Davis law school, said.

"As a matter of practice, most lower federal courts wait to act," Amar said. "But there is nothing that limits them from acting sooner. It was within the 9th Circuit's power to do what it did."

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About the 25 days CA was *supposed* to wait before going ahead with gay marriages. (Original Post) pnwmom Jun 2013 OP
Yep. ''... the 9th Circuit has independent authority over its own orders ..." Tx4obama Jun 2013 #1
Thanks! pnwmom Jun 2013 #2
Here is Kamala Harris AG for California explaining it all. DURHAM D Jun 2013 #3
I think of my tepid reaction to the "New Team" picture when Obama first took office NBachers Jun 2013 #4
Speaking of pictures... DURHAM D Jun 2013 #5
Maybe the planets are aligning themselves in our favor NBachers Jun 2013 #6

DURHAM D

(32,596 posts)
3. Here is Kamala Harris AG for California explaining it all.
Sat Jun 29, 2013, 10:17 PM
Jun 2013


It is 23 minutes long but worth the time.

She will be President one day.

NBachers

(17,008 posts)
4. I think of my tepid reaction to the "New Team" picture when Obama first took office
Sat Jun 29, 2013, 10:27 PM
Jun 2013

Kamala Harris is what the next "New Team" should look like.

I'd hate to lose her in California, but she'd be a dynamite Attorney General or, yes, President.

DURHAM D

(32,596 posts)
5. Speaking of pictures...
Sat Jun 29, 2013, 10:45 PM
Jun 2013

Have you see the new Vanity Fair pic and story in the July issue?


http://www.vanityfair.com/culture/2013/07/jj-abrams-california-kamala-harris



Now why would VF fly Annie Leibovitz to CA to take one picture? I wonder...

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