Monday, December 6, 2010

Updated: Prop8 back in court: Appeal will be heard today

Three judges of the 9th circuit will hear the appeal of the recent Prop8 decision, in which Federal District Court Judge Vaughn Walker declared Proposition 8 unconstitutional.

Oral arguments will be held this morning at 10am. The arguments will be based on two issues.

First, given that the state of California is not appealing Judge Walker's decision (neither current nor incoming Attorney General, nor Governor, will appeal), does any other group have the right to appeal? This is the question of "standing". Prop8 supporters were given the right to intervene in the original case, but it's not clear that they suffer any harm that gives them the right to an appeal.

The second argument will be on the substance of Judge Walker's findings about equal protection and due process. These are irrelevant if the bad guys don't have standing.

Watch it on C-SPAN.


1 comment:

James said...

Not being too hopeful about the outcome, I am, nevertheless, praying that (1) The judges to the best job they can and (2) the grace of God to accept the decision, whatever it is.