August 12, 2010
by Brian Devine
In a totally expected move, the proponents of Prop 8 filed their Emergency Motion for Stay Pending Appeal with the 9th Circuit.
The Local Rules requires that they make a statement certifying that “to avoid irreparable harm relief is needed in less than 21-days.” Here’s what they argue:
It is thus imperative that a stay pending appeal be entered on or before August 18, 2010 at 5 p.m. to avoid the confusion and irreparable injury that would flow from the creation of a class of purported same-sex marriages. See, e.g., Advisory: If Judge Walker Says It’s OK to Get Married, GLTNN.com, Aug. 11, 2010, available at http://gltnewsnow.com/2010/08/… (reporting that West Hollywood stands ready to marry gay couples “[a]s soon as the federal judge lifts the stay,” and that Los Angeles County “is prepared to take immediate action to implement the court’s orders if the stay is lifted”) quotation marks omitted).
(Hey, at least we know they’re reading our friends over at gltnewsnow.com)
As for their arguments on the merits of the stay, there does not seem to be any new arguments that Judge Walker has not already rejected.
This Emergency Motion will be referred to the lead judge of the Motions Panel. If the lead judge is unavailable, the Emergency Motion is referred to the second judge and then the third judge of the Motions Panel. The judge to whom it is referred may either grant temporary relief or convene the Motions Panel (usually by telephone) to decide the motion. My guess is that in a case as newsworthy as this, the lead judge would prefer to convene the entire panel rather than make the decision himself. In any event, there could be a decision on the Emergency Motion within hours after the motion is filed, but it’s more likely that it will take a day or two for the Judge(s) to rule.
We’ll let you know if there is any news of a ruling.