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BREAKING: 9th Circuit Court Issues Stay of Prop 8 Ruling

August 16, 2010

The 9th Circuit Court has ordered Judge Walker’s ruling stayed (put on hold), but there is a bit of optimism to be taken from the ruling.  The Court set deadlines for each sides’ briefs, and noted that those appealing the Prop 8 ruling must explain why the court should not just dismiss the challenge for a lack of standing:

In addition to any issues appellants wish to raise on appeal, appellants are directed to include in their opening brief a discussion of why this appeal should not be dismissed for lack of Article III standing.

I haven’t covered this yet, but it is possible that because the state of California refused to defend Prop 8 in court, and the defense was mounted by an outside party, that the 9th circuit might not hear an appeal (which would make Judge Walker final).  This stems from an issue of who has standing to challenge a ruling (the “Article III” reference).  It’s significant that the Court specifically requested a rebuttal to this issue from Prop 8 supporters, as it implies that they consider this to be a real issue.

A good explanation of the issue of standing is available at SCOTUSblog.

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