Thursday, October 22, 2009

9th Circuit Court Says to Prop 8 Proponents, "What Do You Think You're Doing?"

First, a sequential order of events. Judge Walker, presiding over the federal challenge to the discriminatory Prop 8 (c'mon, we all know how I feel), ordered that there would a be trial using strict scrutiny (the first ever for a marriage case) and that the Prop 8 campaign hand over internal documents to the plaintiffs.

Following this, the defendants of Prop 8 filed an appeal to the Ninth Circuit Court while filing a motion to stay the discovery order (aka - order to hand over documents). This court has just responded. Proposition 8 and the Right to Marry posted a comment from lawyer Rick Xiao:
Signaling that the federal court of appeals may lack jurisdiction over Prop. 8 proponents' interlocutory appeal of Judge Walker's discovery order, the Ninth Circut has issued an Order to Show Cause requiring Prop. 8 proponents to explain why their appeal should not be dismissed for lack of jurisdiction. The Ninth Circuit's Order strongly suggests that Judge Walker would be well justified to deny Prop. 8 proponents' request for a stay of discovery pending the appeal.
Here is the Ninth Circuit Court's order to show cause.

9th Circuit Order to Show Cause in Discovery Dispute Perry v Schwarzenneger

I think the defendants need to stop throwing a hissy fit. Let's just get this trial rolling.

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