Prop 8 May Go to Supreme Court—This Week

Case could move up
By Sarah Quinn,  Newser Staff
Posted Aug 16, 2010 9:41 AM CDT
Prop 8 May Go to Supreme Court—This Week
Tom Rastrelli and Bruce Mayhalo, from right, await news on Aug. 12, 2010, in Beverly Hills, Calif, on whether a federal judge would stay his ruling on Proposition 8.   (AP Photo/Adam Lau)

It has always seemed likely that the Proposition 8 case would end up before the Supreme Court—and it could happen as early as this week, Jesse McKinley writes in the New York Times. Judge Walker last week gave the 9th US Circuit Court of Appeals until Wednesday to review his decision. And if it doesn't intervene, which some legal experts say is likely? Next stop, Supreme Court, for proponents of Prop 8 hoping to obtain an emergency stay.

And that could be good for said proponents, explains a law professor. “It’s really hard to predict what the court is going to do, but it seems in those cases that the Supreme Court is less deferential,” he said. A decision granting a stay would "just preserve the status quo"—meaning no gay marriage—the professor added. The justices wouldn't be ruling on the merits of the case, at least not yet.
(More Vaughn Walker stories.)

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