Over the weekend, California Republican gubernatorial nominee and billionaire former eBay CEO Meg Whitman announced that if elected governor she would vigorously defend Proposition 8 against its current legal challenge in the Ninth U.S. Circuit Court of Appeals. Republican Gov. Arnold Schwarzenegger and Democratic Attorney General Jerry Brown have refused to defend the ballot initiative in court.
LGBT POV's Karen Ocamb interviewed Lambda Legal's Jon Davidson who says the odds are against Whitman ... but elections do matter.
“At the time of the oral argument that has been scheduled for the week of December 6th, even were Whitman or Cooley to have won the election, they will not have taken office – the new officeholders don’t take office until Jan. 3. 2011. In addition, at that point, the time to file an appeal from Judge Walker’s ruling will have long passed. So, even were they to win, they would not be able to appeal Judge Walker’s ruling if Schwarzenegger and Brown do not – and they have indicated they will not. In addition, Whitman and Cooley would not be able to participate in the oral arguments as parties.
They might seek to file amicus briefs. The deadline for filing such briefs is 7 days after the brief is due from the party you are supporting. Amicus briefs in support of the proponents of Prop. 8 are due September 24th. It would be unusual for a candidate for political office to file an amicus brief on a measure that they might be in more of a position to weigh in on were they elected, though I guess it could happen. ... If they get elected, Whitman and/or Cooley might also seek to file an amicus brief after their election or after they are sworn in, which would be after the oral argument. They would need to seek permission to file late. There is no way of knowing whether the Ninth Circuit judges hearing the case would grant such a request to file late.
Chief U.S. District Judge Vaughn Walker, who declared the initiative unconstitutional August 4 in a landmark ruling, has suggested that only the state has "standing" to defend the law. The appeal will be heard in San Francisco on December 6th.
The Republicans are so funny, when the economy is good you say let’s all celebrate “Cinco de Mayo, my brothers” but when the economy is down “it’s all your fault, you damn immigrant”. When most Americans (with Latin America roots) go to the polls this November we will remember that the GOP has gone on a nationwide rant in proposing and passing several anti-immigration legislation and have continue to blame us for the flat economy or worse. We will remember who stands with us and who stands against us, so trying to stop it now is somewhat funny, but go ahead, you will not change our minds. Your hate made you do it, in November; you will reap what you have sown.
Posted by: Benito | 23 August 2010 at 16:35