BREAKING: DOMA's Federal Definition of Marriage Unconstitutional, Judge Rules in Golinski Case

[Swede Atlanta]

6. No, the District Court did not overrule the Appellate Court (i.e. 9th Circuit)

The District Court is an inferior court of the 9th Circuit Appeals Court. It lacks authority to overturn a decision of a superior court.

The reference to the 9th Circuit appears to be in reference to the Plaintiff's employer, i.e. she works for the 9th Circuit. The 9th Circuit failed to provide her with benefits not as a result of judicial review but rather as an employer. I have to assume federal agencies, including the courts, have guidelines regarding spousal benefits.

The District Court judge simply held that the denial of benefits by the 9th Circuit as an employer is unconstitutional on an "as applied" basis.

The appellate process is to the 9th Circuit starting with a 3-judge panel of that circuit. From there a plaintiff or defendant can appeal to the full 9th Circuit or appeal to the Supreme Court.