cicerone imposter
 
  1  
Reply Tue 17 Aug, 2010 04:02 pm
@hawkeye10,
The gov and any other government official are active until they finish their term of office. It matters.
hawkeye10
 
  1  
Reply Tue 17 Aug, 2010 04:06 pm
@cicerone imposter,
Quote:
The gov and any other government official are active until they finish their term of office. It matters
You seem to have missed the point. The court has the ability to remove this current government from deciding the issue, and has reason to do so.
cicerone imposter
 
  1  
Reply Tue 17 Aug, 2010 04:12 pm
@hawkeye10,
They can, but why would they? Don't they decide cases based on laws of the land?
0 Replies
 
Debra Law
 
  1  
Reply Tue 17 Aug, 2010 04:12 pm
@hawkeye10,
hawkeye10 wrote:

Quote:
From what I have read, the state officials have declined to appeal the ruling. Thus, the question remains whether the intervenors, i.e. the proponents of proposition 8, have standing to appeal.
I am not convinced this matters. These state officials are being replaced, the new officials will be in place a few weeks after the hearing. I dont see why the court would want to get in the middle of that, and so would wait to rule until after the state has the opportunity to enter an appeal after the change of command.


The state must appeal within the time allowed.

Federal Rules of Appellate Procedure

Rule 4. Appeal as of Right—When Taken
(a) Appeal in a Civil Case.
(1) Time for Filing a Notice of Appeal.

(A) In a civil case, except as provided in Rules 4(a)(1)(B), 4(a)(4), and 4(c), the notice of appeal required by Rule 3 must be filed with the district clerk within 30 days after the judgment or order appealed from is entered.

http://www.law.cornell.edu/rules/frap/rules.html#Rule4
0 Replies
 
Debra Law
 
  1  
Reply Tue 17 Aug, 2010 04:15 pm
@hawkeye10,
hawkeye10 wrote:

Quote:
The gov and any other government official are active until they finish their term of office. It matters
You seem to have missed the point. The court has the ability to remove this current government from deciding the issue, and has reason to do so.


Is there a pending court action in California to force state officials, through a petition for a writ of mandamus, to appeal the federal district court's decision? Please educate us....
0 Replies
 
Debra Law
 
  1  
Reply Tue 17 Aug, 2010 04:22 pm
Ninth Circuit Court of Appeals
Filings and Case Documents of Special Interest:

http://www.ca9.uscourts.gov/content/view.php?pk_id=0000000475

08/16/2010
Order on Motion for Stay Pending Appeal

http://www.ca9.uscourts.gov/datastore/general/2010/08/16/order_motion_stay.pdf

ORDER provides:
Quote:
In addition to any issues appellants wish to raise on appeal, appellants are directed to include in their opening brief a discussion of why this appeal should not be dismissed for lack of Article III standing. See Arizonans For Official English v. Arizona, 520 U.S. 43, 66 (1997).


spendius
 
  1  
Reply Tue 17 Aug, 2010 05:31 pm
@Debra Law,
Have there been any homosexual marriages yet? I thought there was a big queue impatient to get going.

Has there been any studies of the 30,ooo "marriages" which took place before Prop 8.

Why do you keep blinding us with legalese when such simple questions are being evaded.
cicerone imposter
 
  1  
Reply Tue 17 Aug, 2010 05:43 pm
@spendius,
What a dumb question. Is your brain wrapped only around the US?
0 Replies
 
 

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