Sunday, January 10, 2010

SCOTUS Hears Prop 8 TV Arguments;
No Action from Kennedy

What's the word on any action by the Supreme Court of the United States, regarding the emergency request by our opponents to stifle any broadcasting of the Prop 8 trial proceedings? The latest, and best, info comes from the terrific SCOTUS blog. Like many others following the case, I hope Justice Kennedy rejects this delaying tactic and that trial begins on Monday.

This is from the SCOTUSblog, written by Lyle Denniston. Kudos to Lyle for keeping us all informed about our adversary's obstructionist attempt. And many thanks to SCOTUSblog for making the filings available. Links below:

UPDATE 12:25 p.m. Sunday:

Opponents of California’s Prop. 8 ban on gay marriaged, along with a coalition of media organizations, argued at midday Sunday that televised viewing of the trial on the ban’s validity should not be barred.

In filings here and here (along with a new appendix), the challengers and the media argued that the request to stay videotape viewing of the trial is premature, since no final order to allow it on YouTube on the Internet was in place yet.

They also argued that the Supreme Court would not be likely to review and overturn the federal judge’s order allowing slightly delayed release of the trial video. The media groups argued: “If there is a public benefit to public trials — and there is — then there is also a public benefit to complete access to public trials.” (Justice Kennedy has not yet acted on the stay application.)


Supporters of California’s state constitutional ban on same-sex marriage went to the Supreme Court on Saturday in an attempt to stop the televising — on YouTube — of the trial starting Monday of Prop. 8 opponents’ claim that the ban violates the U.S. Constitution. The stay application (Hoillingsworth, et al., v. U.S. District Court, application 09A648) was filed with Justice Anthony M. Kennedy as Circuit Justice for the Ninth Circuit. Kennedy has asked for a response by noon Sunday. The application can be found here. [...]

Justice Kennedy has the authority to act on the stay request on his own, or the option of sharing the issue with his colleagues. Presumably, some order will be released promptly, perhaps as early as Sunday afternoon.

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