Bench Memos

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Emergency Petition for Order Blocking Judge Walker’s YouTube Order


Counsel for the sponsors of Proposition 8 have filed an emergency petition (available here, I think, to PACER subscribers) asking the Ninth Circuit to block Judge Walker’s YouTube order before trial starts on Monday.  (They’ve also filed a motion with Judge Walker asking him to suspend his order until the emergency petition is resolved.)  The grounds for the petition include the arguments that I outlined in my Part 2 and Part 3 posts yesterday in my series on “Judge Walker’s ‘Immediate Need’ for a YouTube Circus.”  They also include a strong argument that the Ninth Circuit’s announced pilot program failed to comply with statutory provisions.

Judge Walker’s YouTube order was conditioned on his receiving Ninth Circuit chief judge Alex Kozinski’s administrative approval.  It’s interesting that there’s apparently no public record yet that Kozinski has given his approval.  One might hope that Kozinski now recognizes the folly of Walker’s order.  In any event, given the late hour, counsel for the Proposition 8 sponsors has understandably seen it necessary to file the emergency petition now.

Tags: Whelan


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