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Here’s the text of the order from the Ninth Circuit, vacating the previous schedule and asking appellants to address, in their opening brief, the issue of standing. No marriages this week, it appears….
Before: LEAVY, HAWKINS and THOMAS, Circuit Judges.
Appellants’ motion for a stay of the district court’s order of August 4, 2010
pending appeal is GRANTED. The court sua sponte orders that this appeal be
expedited pursuant to Federal Rule of Appellate Procedure 2. The provisions of
Ninth Circuit Rule 31-2.2(a) (pertaining to grants of time extensions) shall not
apply to this appeal. This appeal shall be calendared during the week of December
6, 2010, at The James R. Browning Courthouse in San Francisco, California.
The previously established briefing schedule is vacated. The opening brief
is now due September 17, 2010. The answering brief is due October 18, 2010.
The reply brief is due November 1, 2010. In addition to any issues appellants wish
to raise on appeal, appellants are directed to include in their opening brief a
discussion of why this appeal should not be dismissed for lack of Article III
standing. See Arizonans For Official English v. Arizona, 520 U.S. 43, 66 (1997).
7 Comments
Jerry Brown tweets:
one month each to write each major brief and only 2 weeks for a reply brief (only a month for the judges and clerks to master the record and the contents of all briefs.
Wow, nobody invovled in this case is gonna get much sleep for the last 1/4 of 2010
A MONTH to write a brief? On issues they have already researched very thoroughly? That is WAY more time than lawyers in real practice get. If they haven’t pre-written these briefs, they’re not very good lawyers.
This “expedited” scheduling is not expedited at all, in my experience. All they have really done is tell the parties they won’t be granting normal extensions. Other important cases have turned around in two months. Two weeks for the opener, two for the response, and one for the reply. Three weeks to prep for arguments. No sweat.
wow Teddy, that AZ case cited wrt Standing was the one I emailed you last week – who the hell knew ?
do you know the significance of the 12/6 date Courage Campaign is tweeting ?
Apparently there will be oral arguments at the Ninth Circuit that day.
thanks!
Thanks Teddy – recommended