Judge Vaughn Walker’s conduct of, and opinion in, the Prop 8 trial has already been widely criticized, including by proponents of same sex marriage like Jonathan Rauch.
Today Walker telegraphed his hope that the United States Court of Appeals of the 9th Circuit will refuse defenders of Proposition 8 their day in front of an appeals court, stating that “[a]s it appears at least doubtful that proponents will be able to proceed with their appeal without a state defendant, it remains unclear whether the Court of Appeals will be able to reach the merits of proponents’ appeal.”
“In light of those concerns,” Walker continued, “proponents may have little choice but to attempt to convince either the governor or the attorney general to file an appeal to ensure jurisdiction.”
This is a breathtaking bit of manipulation of the case by all concerned and especially given the court’s dismissal of Imperial County’s motion to intervene in the case which, had it been granted, would have resolved this question. If the 9th Circuit refuses proponents of Prop 8 standing, then Jerry Brown will have to bring the appeal. If he doesn’t it will be a major issue in Brown’s campaign for governor –and another reason to vote against left wing elites unwilling to allow for self-governance, or even full judicial review of court-suppression of self-governance.
For more on the standing controversy, and for an argument in favor of conceding standing to Prop 8’s defenders from a same sex marriage proponent, see this post from Chris Greidner.