Oakland Tribune editorial: Let appeal of Proposition 8 proceed

African Americans react, agree with, denounce Prop 8 ruling

Lyle Denniston: Who speaks for California on Prop 8?

    SCOTUSblog: “California’s Attorney General, Edmund G. Brown, Jr., formally notified the Ninth Circuit Court Friday night that the state will not appeal a federal judge’s ruling striking down the Proposition 8 ban on same-sex marriage. That position, along with a flurry of other filings in the Circuit Court, puts new emphasis on a basic issue: can anyone else carry on the case? And that comes down mainly to a question of state law: who speaks for California, legally? . . . Adding another element to the controversy over who may appeal is a claim by the local governing body of Imperial County, Calif., and its marriage licensing officer that they have their own, independent right to pursue an appeal. In a filing Friday in their own, related case pending in the Circuit Court, they asked to be allowed to support the Proposition 8 backers’ plea for postponement.”

  • Posted: 08/16/2010
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  • Category: Marriage & Family
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  • Source: www.scotusblog.com

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Erwin Chemerinsky: Who has standing to appeal Prop. 8 ruling?

Why California “gay marriage” ruling may not head to US Supreme Court

Vaughn Walker, California judge, doubts Prop 8 supporters can stop same-sex “marriage”

“Sweeping clarity undoes Prop 8″

“Is the GOP becoming the Gay Old Party?”

9th Circuit Judges move quickly on Prop. 8

Could Prop 8 case fizzle before reaching Supreme Court?

    Blog of LegalTimes: “[T]he possibility is real that the case might never make it on appeal all the way to the Supreme Court. That’s because the advocates of Prop 8, who are launching the appeal, may not have the necessary ‘standing’ to carry it forward. The case is titled Perry v. Schwarzenegger, with Gov. Arnold Schwarzenegger and other officials in the position of defending the ballot initiative. But those officials, who are sympathetic toward gay marriage to varying degrees, are not inclined to appeal Walker’s ruling . . . Cornell Law School professor Michael Dorf, while sympathizing with Walker’s decision, wrote recently on his blog that a good argument can be made for standing when state officials are reluctant to defend a successful ballot initiative.”

  • Posted: 08/13/2010
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  • Category: Marriage & Family
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  • Source: legaltimes.typepad.com

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“Judge doubts gay marriage ban’s backers can appeal” – Dale Carpenter comments

    The Raw Story: “‘We are confident we do have standing to seek the appellate review here, and we realize this case has just begun and we will get the decision overturned on appeal,’ said [Jim Campbell], an Alliance Defense Fund lawyer who is part of the legal team defending Proposition 8 . . . ‘What Judge Walker’s ruling means is you can sponsor a proposition, direct it, research it, work for it, raise $40 million for it, get it on a ballot, successfully campaign for it and then have no ability to defend it independently in court,’ said Dale Carpenter, a University of Minnesota constitutional law professor who supports same-sex marriage. ‘And then a judge maybe let you be the sole defender in a full-blown trial and then says, “by the way, you never can defend this.” It just seems very unlikely to me the higher courts will buy that.’”

  • Posted: 08/13/2010
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  • Category: ADF in the News
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  • Source: www.rawstory.com

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“Judge doubts gay marriage ban’s backers can appeal”

What’s next for Proposition 8 case?

State officials step aside for Prop. 8′s demise

Attorneys: Calif. voters losers in Prop. 8 ruling

Judge: Prop. 8 backers might not have legal standing to appeal

Prop. 8 judge lifts stay, but same-sex “marriages” still on hold

Federal judge denies motion to stay Calif. marriage ruling

Calif. judge lifts stay, permits “gays” to marry Aug. 18

“Same-sex marriages to resume in California on Wednesday”

First a victory, now a war

David Hacker: Will Lopez v. Candaele forecast the Ninth Circuit’s view of Prop 8?

    ADF Attorney David Hacker writing at Speak Up Movement / University: “[A] Lopez ruling may give us some insight into the Ninth Circuit’s view of the Prop 8 decision, which has been appealed to that court. After all, the cases bear several similarities . . . In defending the professor’s actions, the College argued that some speech and beliefs do not merit constitutional protection. Similarly, in Perry, the plaintiffs argued that the votes or speech of 7 million Californians should not count because their beliefs are rooted in prejudice . . . Second, in Lopez, the professor silenced the student’s ability to speak. In Perry, the plaintiffs argued and the court ruled that the People of California cannot exercise their rights to speak and vote by supporting a definition of marriage that is millennia old . . . If the Ninth Circuit properly rejects the College’s argument and holds that Lopez has the right to speak freely on campus about his religious beliefs, no matter how much some may disagree with them, then the court might – and should – extend that logic to Perry and hold that citizens of a state have a right to define marriage as they wish, no matter who disagrees with it.”

  • Posted: 08/13/2010
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  • Category: Miscellaneous
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  • Source: blog.speakupmovement.org

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Judge says “gay marriages” can resume

“Gay couples disappointed as judge delays weddings”

“Gay marriages may resume in California next week, judge rules”

Judge: Prop. 8 lifts Wednesday

Prop 8 judge called “tyrannical activist devoted to satisfying himself”

San Mateo County “gay marriages” could resume next week

“California judge keeps gay weddings on hold — for now”

“Green light and delay on same-sex marriage”

Imperial County appeals Proposition 8 ruling to 9th Circuit

Marriage before nation’s largest appeals court – panel draw could decide the case

After marriage ruling, uncertainty still lingers

The Prop 8 ruling: 5 questions and answers

Prop 8 ruling sets up national legal fight over same-sex “marriage”

Appeal filed after Prop. 8 ruled unconstitutional

“Gay marriage appeal notice filed, long battle ahead”

“Prop. 8 judge strikes down same-sex marriage ban”

No review of SB 1070 ruling before Nov.

Arizona immigration clash headed for controversial appeals court

9th Circuit says Ghanaian Baptist preacher entitled to asylum

New names emerge for 9th Circuit seats

    Law.com: “Heather Kendall-Miller, a staff attorney for the Native American Rights Fund, is in the running to succeed Judge Andrew Kleinfeld for an Alaska-based seat. But Kendall-Miller has some competition from Alaska Supreme Court Justice Morgan Christen, part of a complicated 9th Circuit puzzle the White House is trying to assemble. Christopher Cameron, a professor at Southwestern Law School, is the leading California contender for a separate seat that has long been in dispute between California and Idaho, multiple sources said. But the administration is also apparently looking for an Idaho nominee, these sources said, because the turf war is still going strong.”

  • Posted: 07/26/2010
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  • Category: Bench & Bar
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  • Source: www.law.com

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Law Review: A Failed Application of the RFRA at Snowbowl

    Yellow Snow on Sacred Sites: A Failed Application of the Religious Freedom Restoration Act
    Joshua A. Edwards, 34 Am. Indian L. Rev. 151 (2010)

    “The holy lands that are dear to these tribes are owned by the federal government, which has approved a proposal to expand a ski resort known as the Snowbowl. The proposal is focused on pumping 1.5 million gallons of sewage effluent per day from the nearby city of Flagstaff, Arizona to the Peaks in order to manufacture artificial snow for the Snowbowl. The purpose of the plan is to improve the economic viability of the ski resort, which has suffered diminished profits from decreased annual snowfall. Attempting to halt the plan, the tribes initiated suit against the U.S. Forest Service on a variety of claims. This note will focus on their claim under the Religious Freedom Restoration Act of 1993 (RFRA). … The Ninth Circuit’s interpretation of RFRA in Navajo Nation is too narrow to fulfill Congress’s intent of expanding First Amendment protection. The court interpreted ‘substantial burden’ to fit only the facts of previous Supreme Court cases in lieu of independently determining whether the use of sewage effluent on the Snowbowl places a substantial burden on the tribes’ exercise of religion. This has the effect of completely undermining the congressional intent of RFRA, which was to expand the protection proffered to religious expression.”

  • Posted: 07/23/2010
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  • Category: Religious Liberty

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“Calif. Community College Should Not Impose Religion at Public Events, Americans United Tells Appeals Court”

WA Pharmacy Board backs down on rules in pre-trial compromise

ACLJ wins 9th Circuit appeal in massive fraud case against Planned Parenthood affiliates in California

Supreme Court won’t review case claiming Vatican liable for priest abuser

Nazi salute case to help define free speech limits

Polarized Vote Advances Nominee for 2nd Circuit

    Law.com: The Senate Judiciary Committee voted 11-7 today to advance the nomination of Judge Robert Chatigny for the 2nd U.S. Circuit Court of Appeals. All but one Democrat voted for the nomination and all Republicans against it, similar to the committee’s May 13 vote on the nomination of Goodwin Liu for the 9th Circuit. Sen. Dianne Feinstein, D-Calif., voted ‘pass’ on Chatigny but did not explain her vote. Both nominations are likely to be drawn-out fights on the Senate floor.

  • Posted: 06/10/2010
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  • Category: Bench & Bar
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  • Source: www.law.com

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6th Circuit takes lead as most reversed appeals court

9th Circuit panel asks California justices if San Diego’s lease to Scouts is legal

Goldwater Institute will appeal Ninth Circuit Clean Elections decision, refile injunction request

LA Times: Giving to religious schools

Freedom of Speech vs. Workplace Harassment Law — A Big Free Speech Win in the Ninth Circuit

David Hacker: A big win for college free speech in the 9th Circuit

George F. Will: Slow learners at the 9th Circuit

Goodwin Liu’s controversial judicial nomination approved by Senate committee

Law Review: Child Pornography, The First Amendment, and Mistakes of Age

    Child Pornography, The First Amendment, and Mistakes of Age: An Age-Old Debate
    Michael J. Ritter, 88 Tex. L. Rev. 1101 (2010)

    “[T]he Ninth Circuit’s reasonable mistake of age defense fails to adequately protect the interests of children against the long-lasting physical and psychological effects of being photographed or filmed while engaging in sexually explicit acts. As a compromise between these two approaches, this Note proposes an intermediate standard that would require defendants claiming a mistake of age defense to show that they verified child subjects’ ages with government documents or officials. By establishing a clearer standard than the Ninth Circuit’s reasonableness test and by providing some defense to defendants, this intermediate standard would protect children from the harms of child pornography and quell First Amendment concerns.”

  • Posted: 05/10/2010
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  • Category: Miscellaneous

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GOP Senators Delay Vote on Liu

9th Circuit: Religious Group In Prison Is “State Actor”

Senate Committee to Vote on Pro-Abortion Obama Judicial Pick Goodwin Liu

Travis Barham: Softball league rediscovers freedom of association

9th Circuit: Muslim woman loses hijab removal ruling

Constitutional Law Attorney John Eastman wins major first amendment case at Ninth Circuit

Mojave symbol should stay, high court rules

Court backs Mojave cross deal; case sent back to 9th Circuit

Motions Filed for Rehearing in National Motto and Pledge of Allegiance Cases

Law Review: How the Ninth Circuit Abandoned Judicial Neutrality to Strike a Blow at Religion

    Catholic League for Religious and Civil Rights v. City of San Francisco: How the Ninth Circuit Abandoned Judicial Neutrality to Strike a Blow at Religion
    Jonathan W. Heaton, 2010 B.Y.U. L. Rev. 101

    “This Note will analyze the Ninth Circuit’s decision in Catholic League and explain how the court’s neutrality was compromised. Part II of the Note presents a summary of the facts and procedural history of the case. Part III then provides some context for the issues involved by discussing the background First Amendment Establishment Clause jurisprudence leading up to the Ninth Circuit’s decision. Part IV describes the Ninth Circuit’s reasoning and decision in Catholic League in detail, and Part V analyzes that decision to explain how the Ninth Circuit went wrong. Finally, Part VI offers a brief conclusion.”

  • Posted: 04/27/2010
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  • Category: Religious Liberty

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‘Liberal’ Reputation Precedes Ninth Circuit Court

Liu beholden to foreign law

Democrats defend liberal court nominee Goodwin Liu

Senators Keep Up Sparring Over Nominee’s Questionnaire

9th Circuit panel dismisses California Equality and ACLU appeal of order compelling them to disclose Prop. 8 campaign communications