Karen Ocamb

Breaking: 9th Circuit Will NOT Re-Hear Federal Prop 8 Case

Filed By Karen Ocamb | June 05, 2012 1:15 PM | comments

Filed in: Marriage Equality, Politics
Tags: 9th Circuit, Prop 8, US Supreme Court

gaymarriageJust published from the 9th Circuit Court of Appeals:

Filed Order for PUBLICATION (STEPHEN R. REINHARDT, MICHAEL DALY HAWKINS and N. RANDY SMITH) (Dissent by Judge O'Scannlain, Concurrence by Judge Reinhardt) A majority of the panel has voted to deny the petition for rehearing en banc. Judge N.R. Smith would grant the petition. The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the non-recused active judges in favor of en banc consideration. Fed. R. App. P. 35. The petition for rehearing en banc is DENIED. The mandate is stayed for ninety days pending the filing of a petition for writ of certiorari in the Supreme Court. If such a petition is filed, the stay shall continue until final disposition by the Supreme Court. [8202067] [10-16696, 11-16577] (RP)

The case will now likely go to the US Supreme Court. American Foundation for Equal Rights is holding a conference call at 10:30 to discuss what happens now. I will update.


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