Thursday, February 17, 2011

Cal. Supreme Court to Answer Certified Question on Prop 8

The California Supreme Court today said it would answer the standing question in the Proposition 8 same-sex marriage appeal at the Ninth Circuit U.S. Court of Appeals.

The justices unanimously agreed to say whether California law allows for ballot initiative proponents to defend the constitutionality of a measure when state officeholders refuse to do so.

The three-judge Ninth Circuit panel — Stephen Reinhardt, Michael Daly Hawkins and N. Randy Smith — sent the certified question to the Supreme Court in January after Reinhardt raised the idea during oral arguments Dec. 6.

The justices agreed to expedite the matter. In a short order, the Supreme Court set a briefing schedule that will allow for oral arguments "as early as" September. The first briefs are due March 14. Responses are due April 4.


  1. That 9th circuit decision was so patronizing. How come no commentary on it?

  2. wasn't reinhardt on the panel?

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