In less words than it took me to explain the whole issue yesterday, the 9th U.S. Circuit Court of Appeals, in a 3-0 decision, granted ProtectMarriage.com’s request to stay (put on hold) Judge Walker’s Aug. 4 decision that would have opened the door for same-sex marriages to begin in California at 5pm on Wednesday.
Ed Whelan over at BenchMemos has four reactions to the 9th Circuit ruling:
1. This is Judge Walker’s 3rd smack-down from an appellate court since the case began, and further proof of his mishandling of this case from the very beginning;
2. It’s obvious that this “stay” will ultimately extend to proceedings all the way to the Supreme Court, so there won’t be any same-sex marriages happening in California anytime soon;
3. Walker’s continuing overreaches followed by appellate court reversals do not reflect well on the trial strategy of the wunderkind-duo of Olson and Boies; and
4. The issue of “standing” that’s referenced in the 9th Circuit’s order will not end up as a big deal that might prevent ProtectMarriage.com from arguing the merits of the appeal.
Print
