At least until after the appeal hearing on December 6th, there will be no joy in Mudville--call off your Wednesday wedding plans, the 9th Circuit has just released this decision on the Defense's request for a stay of Judge Walker's decision in the Perry V Schwarzenegger case. Walker had previously set his stay to expire tomorrow.
"Filed order (EDWARD LEAVY, MICHAEL DALY HAWKINS and SIDNEY R. THOMAS) Appellants' motion for a stay of the district court's order of August 4, 2010 pending appeal is GRANTED. The court sua sponte orders that this appeal be expedited pursuant to Federal Rule of Appellate Procedure 2. The provisions of Ninth Circuit Rule 31-2.2(a) (pertaining to grants of time extensions) shall not apply to this appeal. This appeal shall be calendared during the week of December 6, 2010, at The James R. Browning Courthouse in San Francisco, California..."
Thanks to Rex Wockner for getting the news out so quick!
From the Prop8TrialTracker site:
First, and drastically most importantly, the Court *granted* the stay. Consequently the thousands of couples who were waiting for the day of equality will have to wait at least a few more months until December.
Second, the Court wants this case to be resolved quickly. Appellants' opening brief is due in just a month and the hearing will happen on December 6th. This is lightning quick for a Federal Court of Appeals, and it's a very good sign. The Court understands that this case is important, and it doesn't want it to linger.
Third, the Court specifically orders the Prop 8 proponents to show why this case should not be dismissed for lack of standing. Here's a discussion of the standing issue. This is very good news for us. It shows that the Court has serious doubts about whether the Appellants have standing. Even better, the Court is expressing an opinion that its inclination is that the case should be dismissed. That being said, the panel that issued this Order (the motions panel) is not the same panel that will hear that case on the merits. The merits panel will be selected shortly before December 6th and we don't know the three judges who will be on the merits panel. But this is a very good sign that the appeal could be dismissed on the ground of standing alone.