{"id":12292,"date":"2010-08-10T23:39:05","date_gmt":"2010-08-10T23:39:05","guid":{"rendered":""},"modified":"2010-08-10T23:49:09","modified_gmt":"2010-08-10T23:49:09","slug":"prop-8-imperial-county-appeals","status":"publish","type":"post","link":"https:\/\/calitics.com\/index.php\/2010\/08\/10\/prop-8-imperial-county-appeals\/","title":{"rendered":"Prop 8: Imperial County Appeals"},"content":{"rendered":"

Imperial County just filed a Notice of Appeal of Judge Walker's ruling striking down Prop 8. Here's a copy of its Notice of Appeal. <\/a><\/p>\n

Imperial County decided to wait until the eve of trial before it filed a request to intervene in the case.  Judge Walker denied the County's request to intervene, finding that the request was not timely and that the County does not have standing.  Here's a detailed discussion of the concept of “standing.”<\/a>  Judge Walker held:<\/p>\n

Imperial County<\/span> does not have a significant protectible interest in the outcome of plaintiffs' constitutional challenge to Proposition 8. Moreover, even if Imperial County<\/span> did have an interest in the subject matter of this litigation, state law provides adequate procedures for Imperial County<\/span> to <\/a>protect that interest, and, in addition, the current state defendants adequately represent Imperial County's<\/span> interest as a matter of law. Accordingly, Imperial County<\/span> is not entitled to intervene. . . <\/p><\/blockquote>\n

 <\/p><\/blockquote>\n

* * *<\/p><\/blockquote>\n

 <\/p><\/blockquote>\n

Imperial County's<\/span> status as a local government  <\/a>does not provide it with an interest in the constitutionality of Proposition 8 or standing to defend Proposition 8 on appeal. Accordingly, Imperial County's<\/span> motion to intervene as a defendant in this action . . . is DENIED. <\/p><\/blockquote>\n

It's not all that surprising that Imperial County filed a Notice of Appeal.  It is asking the Ninth Circuit Court of Appeal to decide for itself whether or not the County has standing to appeal.  As I discussed earlier<\/a>, there's a decent chance that Judge Walker and the Ninth Circuit will find that the official proponents of Prop 8 do not have standing to appeal Judge Walker's decision.  While the arguments are different, I also think it's unlikely that Imperial County has standing.  But from the anti-equality perspective, it gives them one more argument to make before the Ninth Circuit, so it's important to them.<\/p>\n

This is a minor development.  Stay tuned for the more significant ruling on the pending motion to stay, which hopefully will come out today. . .  <\/p>\n","protected":false},"excerpt":{"rendered":"

Imperial County just filed a Notice of Appeal of Judge Walker's ruling striking down Prop 8. Here's a copy of its Notice of Appeal. <\/a><\/p>\n

Imperial County decided to wait until the eve of trial before it filed a request to intervene in the case.  Judge Walker denied the County's request to intervene, finding that the request was not timely and that the County does not have standing.  Here's a detailed discussion of the concept of “standing.”<\/a>  Judge Walker held:<\/p>\n

Imperial County<\/span> does not have a significant protectible interest in the outcome of plaintiffs' constitutional challenge to Proposition 8. Moreover, even if Imperial County<\/span> did have an interest in the subject matter of this litigation, state law provides adequate procedures for Imperial County<\/span> to <\/a>protect that interest, and, in addition, the current state defendants adequately represent Imperial County's<\/span> interest as a matter of law. Accordingly, Imperial County<\/span> is not entitled to intervene. . . <\/p><\/blockquote>\n

 <\/p><\/blockquote>\n

* * *<\/p><\/blockquote>\n

 <\/p><\/blockquote>\n

Imperial County's<\/span> status as a local government  <\/a>does not provide it with an interest in the constitutionality of Proposition 8 or standing to defend Proposition 8 on appeal. Accordingly, Imperial County's<\/span> motion to intervene as a defendant in this action . . . is DENIED. <\/p><\/blockquote>\n

It's not all that surprising that Imperial County filed a Notice of Appeal.  It is asking the Ninth Circuit Court of Appeal to decide for itself whether or not the County has standing to appeal.  As I discussed earlier<\/a>, there's a decent chance that Judge Walker and the Ninth Circuit will find that the official proponents of Prop 8 do not have standing to appeal Judge Walker's decision.  While the arguments are different, I also think it's unlikely that Imperial County has standing.  But from the anti-equality perspective, it gives them one more argument to make before the Ninth Circuit, so it's important to them.<\/p>\n

This is a minor development.  Stay tuned for the more significant ruling on the pending motion to stay, which hopefully will come out today. . .  <\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[],"tags":[],"class_list":["post-12292","post","type-post","status-publish","format-standard","hentry"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack-related-posts":[],"jetpack_shortlink":"https:\/\/wp.me\/p6Pvhz-3cg","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/calitics.com\/index.php\/wp-json\/wp\/v2\/posts\/12292","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/calitics.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/calitics.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/calitics.com\/index.php\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/calitics.com\/index.php\/wp-json\/wp\/v2\/comments?post=12292"}],"version-history":[{"count":0,"href":"https:\/\/calitics.com\/index.php\/wp-json\/wp\/v2\/posts\/12292\/revisions"}],"wp:attachment":[{"href":"https:\/\/calitics.com\/index.php\/wp-json\/wp\/v2\/media?parent=12292"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/calitics.com\/index.php\/wp-json\/wp\/v2\/categories?post=12292"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/calitics.com\/index.php\/wp-json\/wp\/v2\/tags?post=12292"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}