Bench Memos

Prop 8 Merits Ruling Tomorrow

The Ninth Circuit has announced that it expects to issue tomorrow—by 10 a.m. Pacific time, 1 p.m. Eastern—its ruling on the merits of the Prop 8 appeal. Its opinion will address both the constitutionality of Prop 8 and the question whether former judge Vaughn Walker’s ruling should be vacated because of his failure to recuse.

As I’ve said, I think that it’s a sure thing that Judge Reinhardt and Judge Hawkins will vote to affirm Walker’s ruling that Prop 8 is unconstitutional. I expect that they will stay their ruling from taking effect until the process of Supreme Court review is complete.


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