Ninth District makes boring, indecisive decision on Prop 8 case

*shrug* The 9th District Court’s ruling on gay marriage – neither in favor of keeping Prop 8 nor against the controversial measure. Good answer, important people!
instead The court transferred the case to the California Supreme Court, to decide whether Prop. 8 backers can even defend the measure in court. Hmm. source

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It’s a very favorable panel for the challengers to Proposition 8.
University of Pittsburgh law professor (and Ninth Circuit expert) Arthur Hellman • Handicapping the highly-anticipated horse race over Proposition 8 in the Ninth Circuit Court of Appeals starting today. The court, which chose to hear the case before allowing Judge Vaughn Walker’s initial decision to stand, could throw some wrenches in the case, though; namely, if they want, they can decide the case in such a way (by suggesting that supporters fo Prop. 8 didn’t have the standing to appeal the case) so that it doesn’t go to the Supreme Court, even if it legalizes gay marriage in California. source

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Short answer: kinda. Longer answer: It used to be very liberal. With the controversy around Obama appointee Goodwin Liu taking shape, much of the bad-talking has been around the court he was recommended for. The Ninth Circuit Appeals Court has a rep driven in part by its decision against using the phrase “under god,” and the Supreme Court’s consistent rulings against its decisions. But let’s throw some numbers at you guys and let you decide.

88% the rate the Supreme Court has reversed its recent decisions between 2008 and 2009
12k the number of cases the court heard last year – far higher than any of the other appeals courts
58% of the court’s appointees came from Democratic presidencies, the highest rate of any appeals court

» Why does it lean liberal? Simply put, Jimmy Carter was in office during a period when this circuit court was expanded, and it allowed him to throw in 15 liberal-leaning judges. The geographic area is more liberal, too. But this has eased in recent years, due to the fact that those judges got old and Bush appointed seven of the 27 judges currently on the court. source

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04 Jan 2011 22:55