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LOS ANGELES Friday, July 31st 2015 8:29

 IF IT'S BROKEN...FIX IT

Getting Serious about LA’s Sidewalk Repairs: A Five-Point ‘Let’s-Get-On-with-It’ Plan

Ken Alpern
FIXING LA-Last Tuesday night's City Council Board of Public Works and Budget Committees met and allowed a lot of good public input to a series of concerned and available Councilmembers and City officials. The attendance and input were both outstanding--I want to thank Councilmember Mike Bonin, in particular, for allowing the outreach and advice to…

Latino Politicians Putting Climate Change Ahead of Constituents

Joel Kotkin
POLITICS-Racial and economic inequality may be key issues facing America today, but the steps often pushed by progressives, including minority politicians, seem more likely to exacerbate these divisions than repair them. In a broad arc of policies affecting everything from housing to employment, the agenda being adopted serves to stunt upward…

Worlds Apart on Kathryn Steinle: When Political Opportunism Reigns Supreme

John Mirisch
MUSING WITH MIRISCH-The small Swedish Jewish Museum in Stockholm is tucked away on a side street. Discreet signage instructs would-be visitors to push a button which activates a camera, so they can be screened before they are granted entry. The museum's permanent exhibition fills one fairly small room. Most of the objects on display are Jewish…

Garcetti Passes, Wesson Fails

Jack Humphreville
LA WATCHDOG-Our Los Angeles Times has issued midterm letter grades for Controller Ron Galperin (B-) and City Attorney Mike Feuer (B+) and will be posting grades for City Council President Herb Wesson this Sunday and Mayor Eric Garcetti the following Sunday. Our City is facing many difficult issues, ranging from a lagging economy, relatively high…

What LA Really Needs: A Part-time City Council and a Part-time Mayor!

Dennis Zine
JUST THE FACTS-There are so many serious and pressing problems facing the City of Los Angeles and few if any real solutions are being proposed or implemented by our elected and appointed leaders at City Hall. I will start with the current city budget. Former Mayor Antonio Villaraigosa had a $7.7 billion total budget in the 2013-2014 fiscal year.…

Why Don’t the City’s Women Managers Hire More Women?

Denyse Selesnick
MY TURN-Perusing the web is a little like the soap operas of yesteryear. You get suckered in! One link leads to another link and then one is exposed to a barrage both facts and idiocy. The reason for this discussion was my attending a July Valley Alliance of Neighborhood Councils (VANC) meeting with the Department of Water and Power. General…

Cleaning Up LA City Hall: ‘It’s What’s Legal That’s the Problem’

Bob Gelfand
GELFAND’S WORLD-Everyone understands that developers own our city government. Sure, there are some officials here and there who are upright and independent, but recent history shows that the developers typically get their way in spite of public opposition. Whether it is a zoning change for an office tower or the required permits for a new mall,…

Not So Fast LA! Let’s Consider the Real Costs of Hosting the Olympics before We Jump In

Greg Nelson
SPORTS POLITICS-On Monday, Boston withdrew from its offer to be the nation’s bidder for the 2024 Summer Olympic Games. In January, Los Angeles finished second to Boston when the U.S. Olympic Committee made its decision. After Boston was selected to polish up its bid before submitting it to the International Olympic Committee for a final decision,…

Party Crashing for Political Access: Schwarzenegger and My Pantsuit

Charlotte Laws
CALIFORNIA ACCESS POLITICS-Party crashing—or gate-crashing, as it is sometimes called—is an art form that I stumbled upon as a teen. I taught myself how to finagle into any event, anywhere, anytime. It required being part private eye, part actress and part chutzpah machine. I had to think outside of the box, throw myself into the role, and whip my…

 

Reynolds Rap Video: Joey has hope for the pope in Philly.





Art or Ad? LA’s mural law written in gray ink

Escape the Room-Conan goes for the record … and the laffs


LADWP Rates Overview

 

 

  

 

 

 

Supreme Timing: Why It’s Better for the Supremes to Hear DOMA before Prop 8

CIVIL RIGHTS - In a bout of incredibly serendipitous timing that nobody could have predicted, within the span of a week, both the First and Ninth Circuit Courts of Appeal have paved the way for the Massachusetts DOMA ( Defense of Marriage Act) cases  and the Prop 8 case to be heard at the US Supreme Court.   As always, there are a few caveats to keep in mind.  First, the Bipartisan Legal Advisory Group (BLAG) of the House of Representatives, which is defending DOMA on the wishes of House Republicans due to the Justice Department’s decision not to defend the law, could potentially ask that the 3-judge panel decision made by the First Circuit be granted a rehearing by what’s called an en banc panel made up of all the appellate court’s active judges.  

This en banc rehearing would essentially be another intermediate step at the First Circuit before the case could move to the Supreme Court.  

Such a move, however, would have a small chance of succeeding, given that the court is currently composed of five judges, making the 3-judge panel that struck down DOMA a clear majority to deny rehearing.  

And, of course, the Supreme Court has discretion in which cases it wishes to hear, which means that the justices do not necessarily have to take up any given appeal.  (In fact, less than 1 percent of cases are taken up by the high court each year.)
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When it comes to the DOMA cases, it is very unlikely the Supremes would not take up the appeals, given that a failure to do so would result in an act of Congress being declared unconstitutional and unenforceable in four states (and Puerto Rico!) while leaving it the law of the land in the other 46.  

On the other hand, it seems quite feasible the Court would decline to hear the Prop 8 case, given the Ninth Circuit’s clear efforts to limit its decisions to California only and not address any larger federal questions.

With all of these complexities in mind, it’s worth revisiting a question about which much ink (both digital and otherwise) has been spilled: is it better for marriage equality if the DOMA cases reach the Supreme Court first, or if the Prop 8 case does?  

Any answer to this question is necessarily rooted in the imprecise tea-leaves science of court-watching, but it is nevertheless a conversation worth having, especially considering the fact that the ground is now set for one or two high-profile marriage equality cases to make their way to the high court within the next year or so.

Writing yesterday in the Los Angeles Times, Douglas NeJaime of Loyola Law School argued, “Although Perry may provide more dramatic and compelling litigation, the DOMA cases present the Supreme Court with the best way forward.”  

And at Towleroad, the ever-insightful Ari Ezra Waldman lays out the arguments for why DOMA should come before Prop 8.  (I have to credit the many commenters on Waldman’s post for giving me some of the ideas that led to this series.)

I firmly agree with the argument that the best possible outcome for marriage equality at the Supreme Court in the next year or so is for the Court to consider the DOMA cases, uphold the lower courts’ rulings striking down the law, and decline to hear the challenge to the Ninth Circuit’s Prop 8 decision.

This is not to say that this outcome is the one that I truly wish for; on the contrary, in my heart I want the Supreme Court to take up the Prop 8 case and choose to side with Judge Vaughn Walker’s powerful and persuasive arguments that marriage discrimination is simply unacceptable under the U.S. Constitution.

But while I am an optimist at heart, I am a realist as well, and while it is important for all activists to be impatient, and to push the envelope, and to refuse to settle for less than everything they know is right and true, I think the most realistic scenario is almost as good for us as my imagined one.  

There are three reasons for this: 1) the different resonances that the DOMA case might have with the Court as opposed to the Prop 8 case, given the Supremes’ ideological makeup, 2) the distinct constitutional implications that striking down DOMA would have compared to striking down Prop 8 and 3) the wide-reaching and perhaps hitherto under-appreciated effect that a DOMA win would have for marriage equality, including in a post-Prop 8 California.

Starting tomorrow, I will explore one of these arguments in detail each day, and on Friday I will wrap up the series with a conclusion about the importance of the timing of the two cases.  

This entire series is meant to delve more deeply into the issues than a one-time post would allow and, I hope, will inspire a vigorous debate around the issue of timing.  

While these pieces represent my own opinion and my reasoning for holding that opinion, I hope that those who feel differently (or perhaps see flaws in the arguments I make) contribute to the discussion in the comments.  

As I said earlier in this introduction, predicting the actions of the Supreme Court is at best an art and not a science, but it is still an important exercise for our community, since it helps us look at the reality of the legal landscape in which we live rather than the one in which we might wish to live.  

The recent decisions of the First and Ninth Circuits mean we are living in an exciting time where matters of great importance are to be decided.  It helps if we go into them knowing where we stand.

(Jacob Combs are contributors to Courage Campaign Institute's Prop8TrialTracker.com,  where this piece was cross-posted. Look for parts 2-5 of this series here. -cw

Tags: Prop 8, DOMA, Supreme Court





CityWatch
Vol 10 Issue 47
Pub: June 12, 2012

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