Wednesday, February 16, 2011

A Busy Day: CA Supreme Court to Rule on Prop 8 "Standing" Question

California Catholic Daily has the court's press release. It reads, in part:

The California Supreme Court shortened the normal briefing schedule to expedite consideration and resolution of the issues in the matter and to accommodate oral argument as early as September 2011.

The briefing schedule set by the court follows:

• The opening brief on the merits is to be served and filed on or before Monday, March 14, 2011. The answer brief on the merits is to be served and filed on or before Monday, April 4.

• A reply brief may be served and filed on or before Monday, April 18.

• Any person or entity wishing to file an amicus curiae brief must file an application for permission to file such brief, accompanied by the proposed brief, on or before Monday, May 2, 2011.

• Any party may serve and file an omnibus reply to any or all amicus curiae briefs on or before Monday, May 9, 2011.

The order states, “The court does not contemplate any extension of the above deadlines.”

Meanwhile, over at "The Volokh Conspiracy" law blog, Professor Dale Carpenter, a respectable supporter of counterfeit "marriage," examines possibilities, and makes this observation:

"Whatever the outcome in the state court and the 9th Circuit on the standing issue, the final resolution of the Prop 8 case has likely been delayed well into 2012 and beyond. That has one immediate consequence. It makes any effort to repeal Prop 8 very unlikely in November 2012. Donors, already hesitant to fund a repeal drive while Perry moves forward, will be even less likely to do so while there is so much legal flux and no resolution in time to put a ballot effort together. That means that if Prop 8 is to be eradicated before at least November 2014 it must be by judicial decision."

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