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As you probably know, NOM wants the Supreme Court to stay implementation of Geiger v. Kitzhaber, the Oregon ruling legalizing marriage equality. This should be denied for two reasons:

1. There are no parties defending the ban. Literally. No one argued in court that the ban should be upheld. Justice McShane actually hypothesized about any rational bases for the ban, because no one else presented any. Normally, a stay of a ruling is a "stay pending appeal". But at the moment, the ruling cannot be appealed, because there is no one to appeal it. Because, at least for a moment, there is no appeal, the ruling cannot be "stayed pending appeal". Should NOM be granted intervenor status, there may be an appeal, but until then, a stay should be out of the question.

2. But even with that in mind, intervenor status is either unlikely or irrelevant. This is because Oregon is not defending the ban. This was also the case with Prop 8 in California. In Hollingsworth v. Perry, the Supreme Court ruled that they lacked the authority to take the case, and that the Ninth Circuit did as well. For this reason, they ordered the Ninth Circuit's decision to be vacated. It is obvious that neither the Ninth Circuit nor the Supreme Court have the authority to hear an appeal against McShane's ruling. Considering that there will be no appeal, the ban cannot be "stayed pending appeal".

If the stay is denied, as it should be, it will be another failure on NOM's record. Can't wait.

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Comment Preferences

  •  But if Scalia comes to the rescue he'll be a hero (3+ / 0-)
    Recommended by:
    Gooserock, otto, Calamity Jean

    Again. Among Real (old, impotent, fucked up white guy) Americans.

  •  The evil five can do whatever (1+ / 0-)
    Recommended by:

    I voted Tuesday, May 6, 2014 because it is my right, my responsibility and because my parents moved from Alabama to Ohio to vote. Unfortunately, the republicons want to turn Ohio into Alabama.

    by a2nite on Thu May 29, 2014 at 05:22:06 AM PDT

  •  Fascinating argument (6+ / 0-)

    I had the most fascinating argument with the most vile individual.  It was really just bizarre to experience the massive anger and hostility towards gays.

    I realize that people have to deal  with this all the time, but it wasn't even coherent.  

    The main point about gay marriage I think we need to focus on is the rapid increase in support.  In twenty years we went from 20% support to around 50% support.  

    When you say NOM failed, you're right.  I remind anti gay idiots all the time that this was the result of activists and committed people making the world change for them.   This person watched the change take place.  This person watched the trajectory of the support line, and they just can't deal with the facts.  


    by otto on Thu May 29, 2014 at 05:49:43 AM PDT

  •  However, it should be pointed out that NOM (5+ / 0-)

    has appealed for the stay to the Justice assigned to hear cases arising from the 9th Circuit -- Justice Kennedy. Justice Kennedy dissented in Hollingsworth (PDF) writing:

    There is much irony in the Court’s approach to justiciability in this case. A prime purpose of justiciability is toensure vigorous advocacy, yet the Court insists uponlitigation conducted by state officials whose preference isto lose the case. The doctrine is meant to ensure that courts are responsible and constrained in their power, butthe Court’s opinion today means that a single district court can make a decision with far-reaching effects thatcannot be reviewed.
    Of course, the Court must be cautious before entering arealm of controversy where the legal community andsociety at large are still formulating ideas and approaches to a most difficult subject. But it is shortsighted to misconstrue principles of justiciability to avoid that subject.
    Of course, before upholding his own dissent and overturning a recent majority decision alone, Kennedy would more than likely consult with the full Court.   I think it unlikely that he would grant a stay on his own authority.

    Rush — the quivering rage heap who is apparently desperately trying to extinguish any remaining molecule of humanity that might still reside in the Chernobyl-esque Superfund cleanup site that was his soul. -- Jon Stewart

    by Its the Supreme Court Stupid on Thu May 29, 2014 at 06:21:01 AM PDT

  •  In this mornings paper, (1+ / 0-)
    Recommended by:

    I see that Justice Kennedy has requested the briefs from the trial.

    The Oregonian reports that Justice Anthony Kennedy on Wednesday asked that briefs be filed by Monday from the parties in the two lawsuits that led to U.S. District Judge Michael McShane’s May 19 ruling that allowed gays and lesbians to marry in Oregon.

    Kennedy hears emergency appeals from the region that includes Oregon.

    We have it within our power to make the world over again ~ Thomas Paine

    by occupystephanie on Thu May 29, 2014 at 06:55:59 AM PDT

  •  Per Perry only Oregon can request a stay (2+ / 0-)
    Recommended by:
    sfbob, AJayne

    I still expect the closeted hacks that run NoM to whine about "activist" judges, even though they would be following precedent set by Perry. SMH.

  •  NOM will never give up (2+ / 0-)
    Recommended by:
    AJayne, Calamity Jean

    Each time a state wants to legalize SSM, they are up in arms, fighting to the last moment.

    Looking back to some old (3-4 years ago) emails from NOM, they listed many states they were fighting back. All those states now have marriage equality.

    •  May NOM continue to have equal success (1+ / 0-)
      Recommended by:
      Looking back to some old (3-4 years ago) emails from NOM, they listed many states they were fighting back. All those states now have marriage equality.
      in the future, until marriage equality rules the whole world.  

      "My country, right or wrong; if right, to be kept right; and if wrong, to be set right." -- Sen Carl Schurz 1872

      by Calamity Jean on Thu May 29, 2014 at 01:31:47 PM PDT

      [ Parent ]

      •  It was like this (2+ / 0-)
        Recommended by:
        JeffW, Calamity Jean
        Augusta, Manchester, Albany, Providence, Trenton, Annapolis--and that's just the beginning.

        No one has ever done this before, and after the tantrums from those who oppose us at some of our events maybe I understand why.

        Brian Brown lists capitals of states which all have gay marriage today.

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