Tuesday, August 17, 2010

Stay-Something for Everyone

Each pro-SSM and the anti forces got a bone yesterday in California. A three-justice panel of the 9th Court of Appeals expedited the hearing on whether a different trio of the 27 justice would allow an appeal. Meanwhile, they continued the stay on the Perry ruling.

Previously, the temporary stay would have expired Thursday, permitting SSM to resume there. See coverage at the Washington Post and San Francisco Chronicle. The hearing is due the first week of December.

Most analysts will wing it and trill their lips. The panel ruled without comment.

However, the master of legal commentary, NYU Law Prof. Arthur S. Leonard, focused the remaining questions and prospects here. Key factors include:
  • The appeals trio is unknown still and will come out of a computer pick late November or very early December
  • The defendants (pro-Prop 8 interest groups) have about a month from now to file their formal appeal arguments on paper
  • The plaintiffs then have a month from that to respond to that in kind, and the defendants (now appellants) a few more weeks to re-respond should they choose
  • The state, in the form of governor or AG, could appeal or not. If they do, that moots the question of whether the interest groups even have standing to appeal.
I don't know that many of us can take Leonard's wise counsel that "...it probably doesn't pay to speculate at this point."

Tags: , , , , ,

No comments:

UpTweet