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Jun 08, 2009 18:30

Today I got an email saying that a rehearing petition was filed for Strauss v. Horton (scroll down to the bottom of the linked page), which I gather is the prop 8 case.  (I signed up for notification about the case a while ago ( Read more... )

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pocochina June 9 2009, 04:20:13 UTC
An application for rehearing is in line, but not particularly likely to succeed. Just from looking around online, it looks like applying for a rehearing is pretty standard - once a case is lost, they could be feeling bad about their decision, and what do you have to lose? - but unlikely to result in a rehearing. Obviously, it would be great if new facts or scholarship emerges which changes the judges' minds but I haven't found anything indicating that's the case.

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jefftabaco June 12 2009, 23:29:41 UTC
The NCLR had put out a press release clarifying the petition:
http://nclrights.wordpress.com/2009/06/09/a-statement-from-nclr-legal-director-shannon-minter-clarifying-the-recent-court-filing-in-the-prop-8-challenge/
It's actually just to correct a factual error in the opinion, not to rehear the entire case. Apparently "petition for rehearing" is the only procedural vehicle for something even as minor as this, thus the confusion.

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