November 17, 2010
By Eden James
By way of the U.S. 9th Circuit Court of Appeals:
United States Court of Appeals for the Ninth Circuit
Notice of Docket Activity
The following transaction was entered on 11/17/2010 at 3:54:16 PM PST and
filed on 11/17/2010
Case Name: Kristin Perry, et al v. Arnold Schwarzenegger, et al
Case Number: 10-16696
C-SPAN applied to televise live the case captioned above, scheduled to be heard in San Francisco, on December 6, 2010 at 10:00 a.m. C-SPAN’s request to televise live is GRANTED. A maximum of two (2) video cameras will be permitted in the courtroom. C-SPAN will serve as the pool-feed for all media organizations that submit an application.
According to another court notice, there will be two hearings, back-to-back. The first about the standing issue and the second covering the constitutionality of Prop 8:
Filed clerk order (Deputy Clerk:KKW): The Court orders that oral argument in these appeals be conducted in the following manner: The argument shall be divided into two hour-long sessions, with a brief recess in between. In the first hour, the parties shall address each appellant’s standing and any other procedural matters that may properly be raised. In the second hour, the parties shall address the constitutionality of Proposition 8.
During the first hour, the Hollingsworth defendants-intervenors-appellants (“Proponents”) shall first have 15 minutes, and the Imperial County movants-appellants shall next have 15 minutes in which to present their opening arguments regarding standing and other procedural issues. The Perry plaintiffs-appellees shall then have 30 minutes in which to respond. Any time reserved by either appellant may be used for rebuttal, but only one rebuttal argument may be made and that by either appellant.
During the second hour, the Proponents shall first have 30 minutes to present their opening argument on the merits of the constitutional question. The Perry plaintiffs-appellees shall then have 15 minutes, and the plaintiff-intervenor-appellee City and County of San Francisco shall have the next 15 minutes, in which to respond. Any time reserved by the Proponents may be used for rebuttal.
No later than November 24, 2010, the parties shall advise the Court of any objection they have to the allocation of time within each hour or of any reallocation of time within each hour that they wish to propose, by electronically filing letters with the Clerk of the Court. If any party wishes to give its full allotted time within either hour to an amicus curiae, it may request that the Court reallocate that time accordingly. Otherwise, no motions for leave to participate in oral argument by amici curiae will be entertained.. 
More to come, as news develops.
UPDATE: KGO-TV, a San Francisco ABC affiliate, also applied to televise the hearing. The good news from the court:
Filed clerk order (Deputy Clerk:PA):KGO-TV applied to televise live and videotape for later broadcast the case captioned above, scheduled to be heard in San Francisco, on December 6, 2010 at 10:00 a.m. KGO- TV’s request to televise live and videotape for later broadcast is GRANTED. (PA)
UPDATE: Just in from AFER:
Chad Griffin, Board President of the American Foundation for Equal Rights made the following statement today regarding the televising of the Dec. 6, 2010 9th Circuit Court of Appeals hearing on Proposition 8. The hearing is scheduled for 10 a.m.
“For too long the truth about marriage equality has been obscured by misleading political rhetoric. Our case is rooted in the principles of equality upon which our nation was founded and the Constitution’s guarantee of equal protection under the law for every American, without exception. That case has already been proven conclusively in federal court, and now millions of Americans will be able to hear the truth about this issue first-hand.”
The American Foundation for Equal Rights is the sole sponsor of the Perry v. Schwarzenegger case against Prop. 8. Its legal team is headed by Theodore Olson and David Boies, who notably faced-off in the Bush v. Gore case that decided the presidency. Since launching the Perry case just 18 months ago, the Foundation has endeavored to expand equality for all Americans by linking marriage equality to the nation’s founding constitutional principles, including the right of all Americans to equal protection under the law. Its coalition of support has grown to include a diverse and unprecedented array of leaders including Julian Bond (past Chairman of the NAACP), Dolores Huerta (co-founder with Cesar Chavez of the UFW), the California NAACP, MALDEF, Ken Mehlman (former Chairman of the Republican National Committee and top adviser to President George W. Bush), major LGBT civil rights and legal organizations, and thousands of grassroots supporters across the nation. Its advisory board is co-chaired by John Podesta (White House Chief of Staff in the Clinton Administration and head of the Center for American Progress) and Robert Levy (head of the Cato Institute).
“Fourteen times the Supreme Court has stated that marriage is a fundamental right of all individuals. This case tests the proposition whether the gay and lesbian Americans among us should be counted as ‘persons’ under the 14th Amendment, or whether they constitute a permanent underclass ineligible for protection under that cornerstone of our Constitution,” attorneys Theodore B. Olson and David Boies wrote in their brief to the 9th Circuit Court of Appeals.
“More than 30 years ago, the United States Supreme Court recognized that marriage is one of the basic rights of man,” Olson and Boies wrote in their original filing in the Perry case, referring to the Court’s decision in Loving v. Virginia, which struck down bans on interracial marriage.
Read the Court’s Order Here:
UPDATE: Here is the Scribd of C-SPAN’s request being granted: (thanks Kathleen).
Also, KGO-TV’s approved request: