Prop 8′s Losers File Formal Appeal
Protect Marriage’s counsel Charles Cooper and his team of losers filed formal appeal papers in Perry v. Schwarzenegger with the 9th U.S. Circuit Court today. Worth noting: The Ninth Circuit, which has four current vacancies that have not been filled by presidential appointments, has one helluva backlog of cases. So while the case might be “expedited,” finding calendar space in front of a three-judge panel might be many months away.
According to http://www.sfgate.com/cgi-bin/.....#038;tsp=1 Arnold Schwarzenegger has filed a request with Judge Walker to end the stay immediately.
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No. 5 ยท Hyhybt wrote, “Why are there so many unfilled seats?”
http://www.fjc.gov/federal/cou.....endocument : “Supreme Court justices and court of appeals and district judges are appointed to office by the President of the United States, with the approval of the U.S. Senate.”
There are unfilled seats because of filibusters or the threat of one. Blame the “Party of no”.
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If we’re lucky, Gill v. OPM will be heard in the First Circuit and get to SCOTUS before the Ninth hears Perry. It’s a smaller ask – doesn’t overturn any constitutional amendments, just DOMA – and will give us a better idea about whether we stand a chance on this one.