Bench Memos

Re: Falling on Standing on Prop 8

Two weeks ago, I highlighted law professor Vikram David Amar’s essay contesting the widespread assumption that if the Supreme Court were to rule that Prop 8 proponents lacked standing on appeal, the district-court ruling that then-Judge Vaughn Walker made against Prop 8 would be operative. As Amar explains, if the Court were to rule against standing, it should vacate not only the Ninth Circuit ruling below but also Walker’s ruling—and leave it to the four named plaintiffs on remand to request entry of a default judgment in their favor.

In a follow-on essay, Amar thoughtfully explores the further possible consequences for Prop 8 of a ruling against standing.

Most Popular

Culture

Our Real Systemic Problem

America’s got a problem that’s systemic in nature. This problem has less to do with individual intentions than the structure within which our intentions are formed. That structure explains a great deal about observed disparities in wealth, and other advantages, between various racial and ethnic groups. It ... Read More
Culture

Our Real Systemic Problem

America’s got a problem that’s systemic in nature. This problem has less to do with individual intentions than the structure within which our intentions are formed. That structure explains a great deal about observed disparities in wealth, and other advantages, between various racial and ethnic groups. It ... Read More
Film & TV

Ted Lasso Nails Brits and Americans

Ever spent much time in England? I have. Spring of 2012, it rained for a month. I don’t mean intermittently. The clouds opened on April 1, and they didn’t close until May. It was like living under a waterfall. Ever notice that rain makes people a tad grumpy? I began to suspect a connection between the ... Read More
Film & TV

Ted Lasso Nails Brits and Americans

Ever spent much time in England? I have. Spring of 2012, it rained for a month. I don’t mean intermittently. The clouds opened on April 1, and they didn’t close until May. It was like living under a waterfall. Ever notice that rain makes people a tad grumpy? I began to suspect a connection between the ... Read More