The Prop 8 case may be going to the Supreme Court sooner than expected — sometime this week.
Not the entire case. Just the motion to extend District Judge Vaughn Walker’s stay.
If the 9th Circuit Court opts not to extend the stay, the defendants in the case may take the case to the Supreme Court.
The argument by anti-gay marriage forces is that the stay needs to be extended to protect those who may marry. If the stay is lifted, those people may suffer harm. Nice of them to be so worried.
According to the New York Times, the anti-marriage folks would be facing an uphill battle on this issue, even with conservative members of the Supreme Court.
First, the interveners who’ve defended Prop 8 in the lower courts would have to convince the high court that this is their battle to fight. The state is the named defendant, but California’s governor and attorney general have declined to defend the marriage ban. In his decision last week allowing the stay to expire this Wednesday afternoon, Judge Walker questioned the defendants’ standing.
In the past, conservative members of the high court have taken narrow views about who has standing in appeals. No matter how much Justices Scalia, Thomas, Roberts and Alito may despise the idea of same-sex marriage, allowing this group to appeal the case when the named defendants have declined to do so would go against precedent.