Posted on 08/12/2010 5:36:53 PM PDT by freedomwarrior998
The liberal blog Empty Wheel has an interesting post on which three Ninth Circuit judges might be on the appellate panel (edit: just to be clear, I mean the Ninth Circuit merits panel, not the motions panel that will hear the stay denial in the next few days):
There has not yet been a formal panel assigned to the appeal, but . . . there is a tradition and protocol generally followed in the 9th Circuit that may give us an idea of the panel that will be deciding this seminal case.
In the 9th Circuit, when a case goes up on appeal, and it has been there before to a given panel on any issue, that panel has the option of taking the full appeal when it is filed. Well, the Perry case has indeed already been up to the 9th previously on an interlocutory appeal of a discovery issue during the trial process, and that appeal was decided by a panel consisting of Judges Wardlaw, Fisher and Berzon. I think there is a very decent chance the standard 9th protocol is followed here and the full appeal is assigned to the previous panel of Wardlaw, Fisher and Berzon, which makes sense in terms of judicial economy since they are already up to speed on the parties and the case facts and posture.
So who are these judges, and what is the book on them? Well, that is where the fun comes in. They are all three Clinton appointees, and two of them, Marsha Berzon and Ray Fisher, clerked for Justice Brennan. Solid liberal credentials for sure, and Kim Wardlaw may actually be even more enlightened. If the appeal gets assigned to this panel, it would be in excellent hands and I would like very much the chances for upholding Judge Walker’s decision in favor of marriage equality for all.
Berzon/Fisher/Wardlaw would be an incredibly good panel for the anti-Prop. 8 (pro-SSM) side. At the same time, such a liberal panel draw would tend to make Supreme Court review of this case much more likely.
America is dead. We are ruled by judges, who with the flick of a wrist, can overturn the will of the people in any State.
Keep in mind, the State marriage amendments in some of these States passed with over 70% of the vote. Three judges are about to tell a super-majority to jump in a lake.
can it be appealed after this?
voting doesnt even do any good .....everything is fixed.
“America is dead. We are ruled by judges, who with the flick of a wrist, can overturn the will of the people in any State.
“Keep in mind, the State marriage amendments in some of these States passed with over 70% of the vote. Three judges are about to tell a super-majority to jump in a lake”
I don’t see how this country can continue down this track. Without a radical departure from this direction, I envision major upheavals within a decade.
Keep in mind that the 9th is the most overturned appeals court in the country, by a long margin. And a case like this would probably be reheard by the entire 9th Circuit Court of Appeals, sitting en banc, before going to The Supreme Court.
In short, there are a lot of innings left in this ball game.
Walker was initially a Reagan appointee.
Is there anyone on the Ninth Circus who is NOT far Left??
Don't worry. Orin Kerr says that the ultra-liberal panel of justices on the Ninth Circuit makes it even more likely that the Supreme Court will eventually hear the case. And at that point, we have Roberts, Thomas, Alito and Scalia (conservatives) plus Kennedy (moderate who usually sides with conservatives) for a five-justice majority.
I suspect that the decision will only affect California, since only California's state supreme court overturned a gay marriage ban.
I've been saying this for a long time. But a whole lot of FReepers and other conservatives refuse to see it. Maybe they, like the Weimar Christians, think "God will rescue us."
And maybe He will, on Judgment Day, long after your children and their children after them have been lost to to the monster you dared not oppose.
America -- a great idea, didn't last.
Just keep that California Dreamin' going on, Bryan, you got a few blissful days left to you...
Not once the Ninth Circuit gets their hands on the case. Their decision is binding on the entire Ninth Circuit. While you are correct in that only Prop 8 would be directly affected, the precedent would be set and any other State marriage law in the Ninth Circuit would also be struck down if the activists rule that the Federal Constitution requires it.
I’m not gong down without a fight,a huge march on Washington DC,a national strike,hell even shunning and ostracism of fags that do marry (the names would be a matter of public record) if people have a defeatist attitude then we will loose
ya if none of the drop dead.
ya if none of the drop dead.
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