Counsel for the sponsors of Proposition 8 have now filed an application with Justice Kennedy (the circuit justice for the Ninth Circuit) requesting an immediate stay of Judge Walker’s YouTube order. Justice Kennedy can either decide the application on his own or refer it to the entire Court for decision. (For more on this matter, see my recent Part 2 and Part 3 posts on “Judge Walker’s ‘Immediate Need’ for a YouTube Circus.”)
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About the Author
Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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