Will the 9th Circut grant an en banc hearing in Perry v Brown?

[scream4ever]

Supposedly the deadline for the decision is either this Friday or Monday. I feel pretty strongly that they won't allow one. The proponents of Prop 8 have shown that they don't respect the 9th Circut very much, and also considering how narrow the ruling was, it gives no real cause for them to revisit it.

 

[rareboy]

I can't call it.

All I know is that no matter what, it won't suit someone.

 

[Kulindahr]

Only if enough of them think the ruling by the panel was too narrow.

 

[scream4ever]

Only if enough of them think the ruling by the panel was too narrow.

Isn't that what they want though, in order to ensure that it won't be overturned?

 

[Kulindahr]

Isn't that what they want though, in order to ensure that it won't be overturned?

What who want -- the panel? the plaintiffs?

 

[scream4ever]

The panel. They obviously would like for their ruling to stand, since overturing it would hurt their credibility.

 

[Kulindahr]

The panel. They obviously would like for their ruling to stand, since overturing it would hurt their credibility.

So you're thinking they'd like the 'whole' Ninth to hear it and affirm it, on the basis that would make it more likely to pass muster with SCOTUS?

That makes sense, though I don't know what the evidence says on that -- are en banc ruling overturned less than panel rulings?

Anybody here know?

 

[scream4ever]

No I meant the 9th won't want it reheard to avoid the possibility of it being ruled on a broader scale.

I think this is a good indication of what will happen:

http://www.lambdalegal.org/news/az_20120403_federal-court-bars

 

[Kulindahr]

No I meant the 9th won't want it reheard to avoid the possibility of it being ruled on a broader scale.

I think this is a good indication of what will happen:

http://www.lambdalegal.org/news/az_20120403_federal-court-bars

It's going to get heard on a "broader scale" no matter what happens -- both sides are determined to get to the Supreme Court.

 

[Kulindahr]

I was unaware that US courts of appeals had deadlines for voting on rehearing, but I suppose they don't drag it on forever.

It's unlikely they will vote in favor of rehearing. The outcome matches the ideology of this court.

It's not so much the court having deadlines as the parties only being allowed so much time to take certain steps.

 

[prudyprudestein]

I would guess that due to the size of the 9th circuit, they will deny an en banc. Asking for an en banc is a way for the proponents of Prop 8 to stall for time. The justices ruled on a narrow scope and applicable to California. It makes no sense for judges from all over the 9th circuit to review a very narrow decision.