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View Diary: Bowers v. Hardwick was decided 25 years ago today (74 comments)

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  •  Sorry but no. (1+ / 0-)
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    Clarknt67

    Not this time.  The failure to file a timely notice of appeal is jurisdictional.  The state failed to file an appeal from the judgment.  At that point, the judgment became final with respect to the state, and the Ninth Circuit could not have entertained an appeal filed beyond the appeal period.

    Nor do I think the state would have been permitted to intervene on appeal.  That would basically be allowing an untimely notice of appeal through the back door.

    The most a Republican AG could have hoped for was to file an amicus brief.  But he'd have been in the supremely awkward position of contradicting the filing the state had made below.  

    "Ça c'est une chanson que j'aurais vraiment aimé ne pas avoir écrite." -- Barbara

    by FogCityJohn on Thu Jun 30, 2011 at 09:56:21 PM PDT

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