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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.

By:          Sarah Nigel
On:           Aug 5, 2010
Tagged: , , , , ,
    • Sam

      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.

      Aug 5, 2010 at 2:32 pm · @ReplyReply to this comment ·
    • Syl

      @Sam: Plus, it’ll help set precedent, and just add more weight to our side when this inevitably reaches the supremes.

      Aug 5, 2010 at 2:42 pm · @ReplyReply to this comment ·
    • MrEguy

      Hopefully, the temporary 2 day stay granted by Judge Vaughn Walker will not be continued. Then thousands more couples can marry while the 9th Court takes its sweet time.

      Aug 5, 2010 at 3:40 pm · @ReplyReply to this comment ·
    • B

      According to http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/08/06/MN151EQGH7.DTL&type=politics&tsp=1 Arnold Schwarzenegger has filed a request with Judge Walker to end the stay immediately.

      Aug 6, 2010 at 9:46 pm · @ReplyReply to this comment ·
    • Hyhybt

      Why are there so many unfilled seats?

      Aug 7, 2010 at 2:43 am · @ReplyReply to this comment ·
    • B

      No. 5 ยท Hyhybt wrote, “Why are there so many unfilled seats?”

      http://www.fjc.gov/federal/courts.nsf/autoframe?OpenForm&nav=menu3c&page=/federal/courts.nsf/page/A783011AF949B6BF85256B35004AD214?opendocument : “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”.

      Aug 10, 2010 at 11:46 pm · @ReplyReply to this comment ·

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