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Friday round-up

Yesterday afternoon, federal district court judge Vaughn Walker declined to stay his decision invalidating California’s ban on same-sex marriage, re-igniting speculation that the issue will soon come before the Supreme Court.  At the Volokh Conspiracy, Orin Kerr predicts that the Court will overturn the denial of the stay, and, in a second post, discusses the possible make-up of the Ninth Circuit panel that will review the ruling.  Michael Lindenberger of Time also discusses Judge Vaughn Walker’s decision and the likelihood that the issue will reach the Court in the near future.  In the Atlantic’s Daily Dish column, Andrew Sullivan explores what the Supreme Court might do if the Ninth Circuit were to decide that Prop 8 supporters lack standing to appeal.  Meanwhile, in the Opinionator blog of the New York Times,  Linda Greenhouse compares the media reaction to the Prop 8 case with the coverage of the district court’s decision invalidating Texas’s ban on abortion in Roe v. Wade.

At the BLT, Marcia Coyle follows up on the Court’s recent decision in Doe v. Reed, reporting that a group seeking to prevent the disclosure of the names on a referendum to repeal Washington’s domestic-partnership law will have the chance to show that disclosure would violate the signers’  First Amendment rights because they had been threatened with violence or harassment.


  • Appellate Daily reports that the National Law Journal has released a one-page crib sheet detailing the upcoming term’s scheduled cases.
  • The Miami Herald reports that Justice Alito has referred to the entire Court a request by “birther” activist Orly Taitz to stay the imposition of sanctions against her.