Which three judges from the Ninth Circuit will decide the Prop 8 appeal?
We don’t know yet which three judges will be on the panel for the Ninth Circuit appeal in the Prop 8 case. It’s possible that it will be the three judges who heard an earlier appeal relating to discovery disputes in the case Judges Berzon, Fisher, and Wardlaw but it also might be a different set of three judges. We won’t know for sure until the week of November 29, when the names of the panel judges will be announced. Could the same panel that granted the stay also decide the appeal? The panel of judges that decided the stay was the temporary, rotating “motions panel” that sits for a month at a time and only hears motions that need an immediate response. There have been some past cases in which a motions panel keeps a case, so it is possible, but the more common practice is for an appeal to be assigned to a new panel of judges. Will the Ninth Circuit decide whether the Prop 8 proponents have standing to bring an appeal before the court decides the other issues in the case? The motions
Related Questions
- If the Ninth Circuit decides that the Prop 8 supporters don’t have standing to bring an appeal, would they be able to appeal that ruling to the Supreme Court? Or does the case stop there?
- If the Ninth Circuit or the Supreme Court ultimately rules that Prop 8 is constitutional, what will that mean for the fight for marriage equality in California? Will it be over for good?
- Why is the appeal being heard by a three-judge panel at the Ninth Circuit? Will the whole Ninth Circuit ever hear the case?
