Thursday, November 17, 2011

Update: Prop8 federal case: CA court says the opponents DO have standing to appeal

Amongst the many Prop8 ripples (see the graphic timeline for a refresher) is a request from the (Federal) 9th Circuit court of appeals to the California (state) Supreme Court, asking, "Yo! Should these proponents of Prop8 , who defended the case in the federal district court, be allowed to appeal Judge Walker's finding, given that the Governor and Attorney General of CA don't want to appeal?"

There is a lot in this: not every decision should be appealed and there is not a requirement to appeal.If you give people who have no "interest" in the case the right to appeal (meaning they can't demonstrate that THEY are harmed in any way by the decision), what sort of Pandora's box do you open?

And, just to complicate things further, the 9th circuit may say, "okay, California, that's STATE law, we'll still evaluate this under FEDERAL law." So it doesn't really matter either way.

But the California Court rules that yes, they do have standing.

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