BIG Question:
Kennedy has suggested NOT ruling at all at this time.
Normally, if there is no majority opinion from SCOTUS AFTER VOTING, the PREVIOUS 9th Circuit ruling applies, in which case, Prop 8 would be overturned and gay marriage would be legal [for CA only].
My question is whether the 9th Circuit’s ruling would stay in place [overturning Prop 8] OR because SCOTUS failed to rule, would the 9th Circuit’s ruling be vacated and the CA Supreme Court’s ruling apply?
In this scenario, SCOTUS DOES NOT rule either FOR or AGAINST - and in fact, DOES NOT RULE AT ALL, so, in THIS case, does the 9th Circuit’s ruling stand? Can a lower court’s constitutional ruling stand even IF SCOTUS has decided NOT TO RULE AT ALL after it has heard the case?
FYI: The CA Supreme Court ruled Prop 8 constitutional, but allowed previous gay marriages to remain in place ...
See Lurking Libertarian’s explanation immediately above your post.
SCOTUS can determine that the petitioner (opponents of gay marriage in this case) have no standing before SCOTUS or have no standing in any federal court, including the 9th Circuit.
I am waiting on his reply to whether or not SCOTUS can decide that the petitioner did not have standing before the CA Supreme Court.