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View Diary: High Comedy! Prop 8 Backers To Court: Releasing Trial Tapes Will Make Us “Look Bad” (120 comments)

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  •  It should but it won't (5+ / 0-)

    Every bit of evidence from the hearings seemed to indicate that the CA supremes favored granting the defendant-intervenors status. In that case, it gets punted back to the 9th Circuit. Someone presented a piece of the ruling sending the question to CA in the first place, which seemed to indicate that the 9th Circuit was itself sympathetic to the idea that the defendant-intervenors should be able to continue the appeal. Not because they agreed with the D/I's position but on more legalistic grounds that I won't try to explain. How that would square with other decisions appearing to indicate that SCOTUS viewed things differently I really don't know.

    There is much to be said for a finding in our favor, based on the merits of the case, rather than on a technicality. I cannot, in fact, see any way the 9th Circuit would overrule Walker's decision based on the substance of his opinion. SCOTUS is more complicated.

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