Prop 8 Case Follow-Up: Walker Refuses to Stay
Bit late on this one, but since I mentioned Judge Walker's decision before, I should mention that he refused to stay his ruling overturning Prop 8. However, he did extend the temporary stay to Wednesday so that the court of appeals can have their chance to issue a stay before the ruling goes into affect. A few interesting things about that. From the judgment:
In deciding whether a stay is appropriate, the court looks to four factors:
(1) whether proponents have made a strong showing that they are likely to succeed on the merits;
(2) whether proponents will be irreparably injured absent a stay;
(3) whether the stay will substantially injure other interested parties; and
(4) whether the stay is in the public interest.
[Walker goes on to note the first two are most important, according to precedent]
For the first point, Walker points out that the defendant-interveners might not have standing to appeal the case at all, given that the State of California has declined to appeal. To have standing to appeal in lieu of the original defendants, they'll have to argue that they've suffered a "concrete and particularized injury that is actual or imminent". Walker first notes that the injunction is not against the proponents of the law, it doesn't require them to do anything. The enforcement of marriage law is solely within the domain of the state government (that Walker cites Lockyer v. City & County of San Francisco for that point is icing on the rhetorical cake). Second, Walker notes that the Plaintiff's didn't argue that they are harmed by the injunction in their motion to stay (will be interesting to see what argument they make along those lines in the actual appeal). Third, Walker reiterates that he views the case as clear-cut.
(Filing the motion to stay the decision before the decision was made was probably a mistake on the part of the proponents. Not anticipating the argument about standing was definitely a mistake. Maybe they didn't expect Schwarzenegger to decline to appeal... though that shouldn't have been surprising given that the state didn't want to defend themselves in this case in the first place.)
For the second point, Walker's response is hilarious:
Proponents also point to harm resulting from “a cloud of uncertainty” surrounding the validity of marriages performed after judgment is entered but before proponents’ appeal is resolved. Proponents have not, however, alleged that any of them seek to wed a same-sex spouse. [emphasis mine]
For the third point, Walker notes that not staying the decision is a harm to those whose rights are violated by Prop 8. And for the fourth point, he mostly notes Schwarzenegger's opinion that a stay is not in the public interest.
Judge Walker's role in this particular case is most likely concluded. Will be interesting to see what happens when the appeals court takes a crack at it. Presumably they'll at least deal with the inevitable argument that they should stay the judgment before Wednesday.
In deciding whether a stay is appropriate, the court looks to four factors:
(1) whether proponents have made a strong showing that they are likely to succeed on the merits;
(2) whether proponents will be irreparably injured absent a stay;
(3) whether the stay will substantially injure other interested parties; and
(4) whether the stay is in the public interest.
[Walker goes on to note the first two are most important, according to precedent]
For the first point, Walker points out that the defendant-interveners might not have standing to appeal the case at all, given that the State of California has declined to appeal. To have standing to appeal in lieu of the original defendants, they'll have to argue that they've suffered a "concrete and particularized injury that is actual or imminent". Walker first notes that the injunction is not against the proponents of the law, it doesn't require them to do anything. The enforcement of marriage law is solely within the domain of the state government (that Walker cites Lockyer v. City & County of San Francisco for that point is icing on the rhetorical cake). Second, Walker notes that the Plaintiff's didn't argue that they are harmed by the injunction in their motion to stay (will be interesting to see what argument they make along those lines in the actual appeal). Third, Walker reiterates that he views the case as clear-cut.
(Filing the motion to stay the decision before the decision was made was probably a mistake on the part of the proponents. Not anticipating the argument about standing was definitely a mistake. Maybe they didn't expect Schwarzenegger to decline to appeal... though that shouldn't have been surprising given that the state didn't want to defend themselves in this case in the first place.)
For the second point, Walker's response is hilarious:
Proponents also point to harm resulting from “a cloud of uncertainty” surrounding the validity of marriages performed after judgment is entered but before proponents’ appeal is resolved. Proponents have not, however, alleged that any of them seek to wed a same-sex spouse. [emphasis mine]
For the third point, Walker notes that not staying the decision is a harm to those whose rights are violated by Prop 8. And for the fourth point, he mostly notes Schwarzenegger's opinion that a stay is not in the public interest.
Judge Walker's role in this particular case is most likely concluded. Will be interesting to see what happens when the appeals court takes a crack at it. Presumably they'll at least deal with the inevitable argument that they should stay the judgment before Wednesday.