Wednesday, February 22, 2012

Prop 8 Proponents Want En Banc Re-Hearing

As expected, the heterosexual supremacists defending Proposition 8 in federal court (who have now lost twice, at the federal District Court level on August 4, 2010 and before a 3-judge panel on February 7, 2012) have applied for an en banc re-hearing by a randomly selected 11-member subset of the 29-member 9th U.S. Circuit Court of Appeals.

A majority of the activie judges on the Court of Appeals must vote to agree to hear the case, and then an en banc panel of 11 judges consisting of Chief Judge Alex Kosinski and 10 randomly selected other judges will hear the case, probably issuing a ruling (if no further briefs are requested!) by the end of the summer. According to Wikipedia, at 64%, the 9th Circuit has the highest proportion of judges appointed by Democratic presidents, and is thus considered the most liberal.

Whoever loses at the en banc level can appeal to the 9-member United States Supreme Court level, where it takes 4 votes to agree to hear a case, but 5 votes to decide it. A final ruling by that court would probably not happen before June 27, 2013.

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