Perry plaintiffs accept stay; Prop 8 in effect indefinitely

by on August 17, 2010  •  In Marriage

According to the L A Times, lawyers for the plaintiffs in Perry have decided not to seek further review of the stay granted yesterday to proponents of Prop 8.  This decision – a smart one, in my view – keeps them away from Justice Kennedy and the Supreme Court, where they risked getting a quick smackdown, even if not on the merits of the case. So a week that seemed like it might bring high drama ended quickly.

This means that Prop 8 will remain in effect at least until the Ninth Circuit renders its decision on the merits of the appeal. Yesterday's order set an expedited briefing and hearing schedule; oral argument will be during the week of December 6. There is no deadline for how quickly the court must rule after oral argument, but since the case is on an expedited timetable, one hopes that the (first) Ninth Circuit ruling will be issued by winter or spring of 2011.

After a decision from the three-judge panel who hears the argument, there can be a second round within the Ninth Circuit, called en banc review, in which 11 judges participate. Alternatively, the party that loses before the three-judge panel can skip that round and immediately file a cert petition to the Supreme Court.


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