The Plaintiff's had asked the Ninth U.S. Circuit Court of Appeals last month to lift its suspension of a federal judge's August 2010 ruling that declared Proposition 8 unconstitutional, and to allow counterfeit "marriages" to be held in California while the appeals process continues.
The great Ed Whelan is on the case, but the motion hardly merited his talents:
"Sparing the Supreme Court the bother of reversing it, the Ninth Circuit panel in the Prop 8 appeal has denied the Prop 8 plaintiffs’ frivolous motion to vacate the stay pending appeal of Judge Walker’s anti-Prop 8 ruling. More succinctly: the previous stay of Judge Walker’s ruling (granted by the Ninth Circuit motions panel) remains in effect."
Mr. Whelan had already dissected the motion back on March 2.
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