Bench Memos

Re: Application to Supreme Court for Stay of Judge Walker’s YouTube Order

I’ll be out for a bit, so here’s a quick status report on where this stay application stands:

1.  The Supreme Court requested and received a response from the anti-Proposition 8 plaintiffs midday yesterday.  So far as I’ve heard, the Court has not yet ruled on the stay application.  The trial is set to begin at 8:30 PT (11:30 ET), so I’d expect a ruling by then.  (It’s possible that a ruling has just been issued in the last few minutes, but I haven’t seen any sign of that.)

2.  On Friday, Ninth Circuit chief judge Kozinski issued an order authorizing “real-time live streaming to [designated] federal courthouses.”  That order, and the designated courthouses, are available via the Northern District of California’s web page for the case.  Kozinski’s order expressly states that Judge Walker’s YouTube request “is still pending.”  It’s curious that Kozinski hasn’t ruled one way or the other on that.  One unfortunate possibility is that he’s trying to game the applicants’ request for a stay by the Supreme Court (by making that request seem premature).