Rick Hasen: Reading the tea leaves on the 9th Circuit’s stay order

Rick Hasen, William H. Hannon Distinguished Professor of Law, Loyola Law School, writing at the American Constitution Society blog: “I believe caution is in order, and that proponents and opponents of gay marriage should read very little into the Ninth Circuit’s order as to how that court is likely to decide the Proposition 8 case. But the Ninth Circuit’s decision to issue a stay could increase the chances that the Supreme Court ultimately will side with gay marriage supporters . . . This case already has had more than its share of twists and turns. But for those who want to predict what will happen in the appellate courts, there’s really very little to go on so far. Certainly we should not rely on a procedural order containing no written rationale offered by a different set of decisionmakers than the judges who will decide the merits of the appeal.”