Prop 8 supporters have filed an emergency stay with SCOTUS.

[Gravitycollapse]

It just won't fucking die.

[villager]

1. Control freak scumbags can never, ever yield or compromise on an issue. No interest in democracy.

Many Democratic party failings have come from not recognizing what, and who, they're up against.

[Fire Walk With Me]

2. Wow, screw them. n/t

[Ken Burch]

13. If someone DID screw them, they might lighten up a bit. n/t.

Last edited Sun Jun 30, 2013, 05:27 AM - Edit history (1)

[Tx4obama]

3. ''... the 9th Circuit has independent authority over its own orders ..."

-snip-

Many legal experts who had anticipated such a last-ditch effort by gay marriage opponents said Friday that 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."

-snip-

http://bigstory.ap.org/article/dozens-same-sex-couples-line-be-married

[stevenleser]

4. And I invite those supporters to take a long walk off a short pier. nt

[Bolo Boffin]

5. Did they find standing yet?

Did they leave their standing in their other pair of pants, and found it when they were sorting for laundry?

No?

Oh, well.

[dsc]

6. the only thing that worries me at all about this

is what if a county clerk refuses to issue licenses and then sues for the right to refuse. That person might have standing.

[Gravitycollapse]

7. It's a public position. They cannot refuse on the grounds of religious beliefs.

Or, they can refuse, and they should be placed in another position that does not give them so much responsibility.

[dsc]

10. remember scotus didn't rule

and the decision arguably doesn't cover the whole state. Now one thing I noticed was that the couples were from different federal districts (one from SF and one from LA). The case was heard in SF originally. SF is in the northern district while LA is in the central district. That leaves the eastern and the southern districts with no plaintiffs. It is the eastern district which particularly worries me. It would be most likely to have such a clerk and that clerk could make the case that he isn't covered by a decision outside his jurisdiction.

[Gravitycollapse]

11. The rulings have power over anywhere Proposition 8 applies.

Which is the entire state of California.

The jurisdictional powers of the 9th are over the lower courts in its region. Which have broader jurisdictions. It is not contained simply to the jurisdictional boundaries of the 9th circuit.

[dsc]

12. the entire state is in the 9th circuit

what I don't know is if a decision in one district applies statewide. Hopefully it does or at least doesn't get someone with standing to challenge it. The appellate decision also got vacated by scotus since the appellants didn't have standing to appeal. That leaves the district court decision in force.

[Gravitycollapse]

14. I guess it depends on who wants to file in another district. But Res Judicata may apply.

And courts that are sick of unceasing appeals by parties who wish to identify as independent but are nonetheless maneuvering together will likely dismiss other appeals under the guidelines of res judicata.

[Ms. Toad]

15. the clerk wouldn't have standing.

Possibly a clerk could challenge whether s/he was required to violate his/her religious beliefs by issuing a license - but that would be an entirely different issue, not one of whether the ballot initiative was constitutional.

In a matter of whether a law, or other results of a statewide ballot initiative, is constitutional the parties are a person injured by the law (the couples) and the state itself. An agent of the state doesn't have a cognizable interest independent of the state's interest in the constitutionality of the law.

[petronius]

8. The 9th did the right thing in not waiting, even if that is a common practice

People's lives and rights take precedence over the desires of a bunch of shitheel bigots who want to play out the last moves of a lost game...

[Arugula Latte]

9. Well, before long its supporters will.

Die, that is.