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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

 

 

  

 

 

 

Prop 8’s Ted Olson on Ninth Circuit’s Favorable Ruling: “We’ll Oppose Supreme Court Review”

GAY MARRIAGE - On a media call Tuesday, Ted Olson, one of the lawyers who successfully argued the Prop 8 case at both the district court and appellate court levels, as well as AFER president Chad Griffin and attorney Theodore Boutrous, answered questions about the ruling in which the Ninth Circuit denied an en banc rehearing of decision striking down the law as unconstitutional. Asked about whether the current Prop 8 case would be consolidated with the DOMA Gill case that will be sent to the Supreme Court for possible review, Ted Olson said that it’s possible the cases could be heard “on the same docket” – that is, on the same day – but probably not consolidated as one case.

Ultimately, he conceded he doesn’t know the outcome of that situation, but it would be unlikely for the cases to be consolidated, given that one (the Prop 8 case) deals with the rights of gay and lesbian couples to get married in the first place, while the other (Gill) concerns the discrimination in federal rights and benefits suffered by legally-married couples under DOMA.

As Chris Geidner wrote Tuesday at Metro Weekly, Charles Cooper, the attorney for the proponents of Prop 8, has announced that he and his colleagues will be seeking Supreme Court review (in legal speak, they will technically file a petition seeking a “writ of certiorari,” also known as “cert”).  

Speaking to Metro Weekly, Cooper said: We’re pleased to petition the Court to hear this case. The lower court opinions were little more than an attack on the character and judgment of millions of Californians, and those decisions essentially ignored all relevant Supreme Court and appellate court precedent. We are hopeful and confident that the Supreme Court will review the 9th Circuit’s decision.

When asked how he and his colleagues plan to respond to the proponents’ certiorari petition, Olson told Metro Weekly pointedly, "We’ll oppose that.”

The Supreme Court, which generally recesses for the summer by late June, would then consider the petition after further briefing in support of and against a review is completed, likely once the justices return in the fall. By Supreme Court practice, four of the justices would need to vote to hear the case in order for the court to accept it.

Olson elaborated on he and his colleagues’ reasoning for opposing certiorari, saying that he and his fellow lawyers represent four individuals who wish to get married in California, but who face Proposition 8 as an obstacle. For the plaintiffs, overturning Proposition 8 is the desired victory and their lawyers have an obligation to pursue that goal as quickly and simply as possible.

Olson said that he would certainly look forward to an airing of all the issues surrounding this case and marriage equality in general at the Supreme Court, but that he feels an obligation to preserve the victory for his clients.

One interesting note about Olson’s comments is his elaboration on the reach of the narrowly-written Ninth Circuit opinion. He suggested that, in fact, the decision could actually reach further than that, even if the Supreme Court upholds it as written.

He said that it could affect states like North Carolina, that just passed Amendment 1, banning marriage for gays and lesbians as well as civil unions and domestic partnerships.  Of course, that issue would have to be taken up by other courts in the future, since it would be on a case-by-case and state-by-state basis.

Regardless, the Prop 8 decision is likely to have a major impact no matter which court ends up having the final say on the matter.  

California is, of course, the most populous state in the nation, and if marriage equality is restored to the state, the number of people living in states with full marriage rights would double to 1 out of every 5 Americans.  

If the Supreme Court decides not to take up the Prop 8 case, the Ninth Circuit’s ruling would become precedent in the largest judicial circuit in the U.S., and while it would not bring full marriage rights to the other states in the circuit, it could be cited persuasively in future LGBT litigation.  

And, of course, if the Supreme Court does take up the case, the effect could be even greater.  Either way, today’s news puts us one step closer to a major LGBT legal decision that will dramatically change the lives of many Americans.

(Scottie Thomaston and Jacob Combs are contributors to Courage Campaign Institute's Prop8TrialTracker.comwhere this piece was cross-posted.)
-cw

Tags: Prop 8, Ted Olson, Ninth Circuit, US Supreme Court








CityWatch
Vol 10 Issue 46
Pub: June 8, 2012  

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