Breaking News: Perry Prop 8 Stay Granted By 9th Circuit

[kpete]

Source: Firedoglake

The order granting the Proponents/Appellants request for stay in Perry v. Schwarzenegger was just sent to me by the 9th Circuit. The docket text is as follows:

Filed order (EDWARD LEAVY, MICHAEL DALY HAWKINS and SIDNEY R. THOMAS) Appellants’ motion for a stay of the district court’s order of August 4, 2010 pending appeal is GRANTED. The court sua sponte orders that this appeal be expedited pursuant to Federal Rule of Appellate Procedure 2. The provisions of Ninth Circuit Rule 31-2.2(a) (pertaining to grants of time extensions) shall not apply to this appeal. This appeal shall be calendared during the week of December 6, 2010, at The James R. Browning Courthouse in San Francisco, California. The previously established briefing schedule is vacated. The opening brief is now due September 17, 2010. The answering brief is due October 18, 2010. The reply brief is due November 1, 2010. 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. See Arizonans For Official English v. Arizona, 520 U.S. 43, 66 (1997). IT IS SO ORDERED.

http://static1.firedoglake.com/28/files/2010/08/9thStayGrantOrder.pdf

Read more: http://emptywheel.firedoglake.com/2010/08/16/breaking-news-perry-prop-8-stay-granted-by-9th-circuit/

[mnhtnbb]

1. So this means right to marry in CA is delayed until at least December?

[xxqqqzme]

4. yes

[BrklynLiberal]

2. f. u. c. k.

[greeneyedboy]

3. a bit unsatisfying that they don't explain the decision n/t

[jberryhill]

8. It is not unusual for an appellate court to maintain the status quo during an appeal

...and is in no way indicative of what the eventual decision might be.

As far as appeals at the Ninth Circuit go, the briefing and argument schedule they have set is tight.

[Sapphocrat]

5. I want to vomit.

I feel just as sick, literally sick, as I did the morning of November 5, 2008.

This is torture.

[tomm2thumbs]

6. AFTER the election - here come the ads to make this an issue in the governor's race

'religious zealots, this way - pay your TV ad scare dollars over here please -'

[No Elephants]

7. I fear you've nailed it. Kill 2 birds with 1 donation. And not only the Governor's election.