Ninth Circuit grants stay, accelerates appeal

by on August 16, 2010  •  In Uncategorized

No weddings yet. The motions panel of the Ninth Circuit just issued this order:

Appellants’ motion for a stay of the district court’s order of August 4, 2010 pending appeal is GRANTED. The court sua sponte orders that this appeal be expedited pursuant to Federal Rule of Appellate Procedure 2. The provisions of Ninth Circuit Rule 31-2.2(a) (pertaining to grants of time extensions) shall not apply to this appeal. This appeal shall be calendared during the week of December 6, 2010, at The James R. Browning Courthouse in San Francisco, California. The previously established briefing schedule is vacated. The opening brief is now due September 17, 2010. The answering brief is due October 18, 2010. The reply brief is due November 1, 2010. In addition to any issues appellants wish to raise on appeal, appellants are directed to include in their opening brief a discussion of why this appeal should not be dismissed for lack of Article III standing. See Arizonans For Official English v. Arizona, 520 U.S. 43, 66 (1997). IT IS SO ORDERED.

What this means is that Prop 8 will continue to be enforced until completion of the appeals process, but that process will be speeded up from the schedule previously set. Now it is up to the plaintiffs to decide whether to seek further review on the question of the stay.


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