Home > 365gay column reprints, Social Justice > Live-blogging the Prop 8 Appellate argument on Monday

Live-blogging the Prop 8 Appellate argument on Monday

December 3rd, 2010 Leave a comment Go to comments

This coming Monday (Dec. 6), at or shortly after 1 pm EST, I’ll be live-blogging the Prop 8 oral argument in the Ninth Circuit (federal appellate court).

The first hour will focus on the issue of standing (which, if denied to the Prop 8 supporters, could end the case without consideration of the substance of their arguments).

This will, I promise, be more interesting that you might think.

The second hour is expected to deal with the constitutional and factual issues that Judge Walker found in favor of the plaintiff couples. The argument should continue until about 3 pm.

Please feel free to post any questions/comments you have, and I’ll answer them — either during the argument itself, or more likely, after it ends.

  1. DaveW
    December 3rd, 2010 at 17:00 | #1

    John, the question I have at this point is will they decide standing right away, and if denied, not go through the rest of the day, or will they go through the whole thing and then rule on standing, and if not denied, rule on the appeal?

    As I’ve said before, we’re all learning a lot more about the judicial process than we ever thought we’d need. Not really a silver lining, such black clouds don’t have them, but it is something I am benefitting from!

  2. randy
    December 3rd, 2010 at 22:25 | #2

    One of the plaintiffs’ amici raised the issue that the initiative process in California may actually have been created illegally. Therefore, all such initiatives (including Prop 8) created via that illegal process are themselves illegal. They recommended that the 9th Circuit Appeals court refer the case to the California Supreme Court for a ruling on that before deciding anything else. Has this issue been addressed yet?

  3. December 4th, 2010 at 08:36 | #3

    Amici raise all kinds of issues, but unless these issues are properly raised by the actual parties, the judges can and often do simply ignore them. Consider that there are scores of such briefs in this case. The judges — really, their law clerks — will pick through them, looking for anything that might illuminate the case by adding to their knowledge base. The rest are either cumulative, or not considered helpful.

    The court MUST decide standing before proceeding. If a necessary party doesn’t have standing, then you’ve eliminated one side of the “v.” (as in Doe v. Roe), and you haven’t got a case or controversy. That doesn’t mean the court will, after an hour of oral argument, say: “We hereby declare that the Prop 8 proponents lack standing. Good day.” No. They’ll listen to all of the arguments — on standing and substance — and then take the matter under consideration. When they’ll rule, no one can say.

  4. rrford
    December 4th, 2010 at 16:58 | #4

    It’s worth repeating: the Perry vs. Schwarzenegger proceedings will be aired by C-SPAN television from 1:00 to 3:00 p.m. EST on Monday, Dec. 6.

  1. No trackbacks yet.