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  1. #1
    O Hushed October Morning Alnitak's Avatar
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    9th Circuit Will Expedite Nevada's Marriage Case

    Nevada's marriage case Sevcik v. Sandoval will be "calendared as soon as possible" in an order issued today by the clerk of the US Court of Appeals for the 9th Circuit. The appeal has suffered 15 months of procedural wrangling, but now it looks like oral arguments will be scheduled after all.

    Expedited consideration was also granted to two cases by the 10th Circuit, one appeal is from Utah and the other from Oklahoma, potentially placing all three on the same track.

    The order also strikes the state's brief, which Attorney General Masto had requested to withdraw. A recent case decided by the 9th Circuit now requires heightened scrutiny, and the state agrees, leaving two clerks represented by Coalition to Protect Marriage.

    http://www.scribd.com/doc/206711577/12-17668-174

    The US Court of Appeals for the 9th Circuit is enormous. As California is in the same circuit, the Prop 8 case Perry v. Brown went through this court, so Sevcik is sort of a do over. We'll get it right this time!
    Last edited by Alnitak; February 12th, 2014 at 10:35 AM.

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    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    What consequences, if any, does this part have:


    The Clerk vacates the portion of the January 7, 2013 order that ordered thiscase to be assigned to the same panel that will consider Jackson v. Fuddy, case Nos. 12-16995 and 12-16698. In the event the Jackson cases are not dismissed, the parties may file a request to have those cases assigned to the panel that will consider the above-captioned appeal.

    "Thirty-one* states allow all qualified citizens to carry concealed weapons. In those states, homosexuals should embark on organized efforts to become comfortable with guns, learn to use them safely and carry them. They should set up Pink Pistols task forces, sponsor shooting courses and help homosexuals get licensed to carry. And they should do it in a way that gets as much publicity as possible. "

    --Jonathan Rauch, Salon Magazine, March 13, 2000

    *the number is now forty

  3. #3
    O Hushed October Morning Alnitak's Avatar
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    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    Quote Originally Posted by Kulindahr View Post
    What consequences, if any, does this part have:
    It's a very good thing. Sevcik is now free to go its own way without a hitch. Attached to it was the Jackson case originating in Hawaii, which has behaved like a ball and chain ever since the parties proposed to parallel the two on appeal.

    For some reason no judge has dismissed Jackson yet despite being completely moot. What possible underlying claims are still valid I don't know, perhaps something retroactive. I am not following it anymore.
    Last edited by Alnitak; February 13th, 2014 at 06:22 AM.

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    O Hushed October Morning Alnitak's Avatar
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    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    Nevada’s decision not to defend gay marriage ban creates uncertainty

    ...if the court rules in favor of the couples, Nevada could still pursue an appeal to the nation’s highest court for a definitive resolution.

    The tactic would be similar to that taken by the Department of Justice in the Defense of Marriage Act, where the government appealed even though it agreed with a lower court ruling against it, Davidson said.

  5. #5
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    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    Quote Originally Posted by Alnitak View Post
    Nevada's marriage case Sevcik v. Sandoval will be "calendared as soon as possible" ...
    Calendared? Argh!!!!!!!!!!!!!! That's as bad as athletes "medaling" or even "podiuming" at the Winter Olympic Games.

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    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    ORAL ARGUMENTS

    Have been calendared for April 9 @ 9:00 a.m. at the US Court of Appeals in San Francisco.

    Sevcik v. Sandoval is once again the most advanced federal marriage case, but only by a day. The appeal in Utah's case will be heard by the 10th Circuit on April 10.

    See the schedule: http://www.ca9.uscourts.gov/calendar...aseno=12-17668

    Last edited by Alnitak; March 10th, 2014 at 01:32 PM.

  7. #7

    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    It seems they yanked it from the schedule. It could very well be just a technical error but we'll just have to wait and see.

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    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    I believe they are goin to rescedule it, hopefully still in April.

  9. #9

    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    Apparently it was due to a scheduling conflict. The same lawyer will be arguing in Kitchen the next day and specifically requested for oral arguments to not be during that week. I assume whatever the new date is will not be too much later then the original date.

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    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    Quote Originally Posted by Alnitak View Post
    ORAL ARGUMENTS

    Have been calendared for April 9 @ 9:00 a.m. at the US Court of Appeals in San Francisco.

    Sevcik v. Sandoval is once again the most advanced federal marriage case, but only by a day. The appeal in Utah's case will be heard by the 10th Circuit on April 10.
    9th Circuit on the 9th
    10th Circuit on the 10th

    Makes sense.

    Oops, one of those dates got pulled...
    "All legal U. S. residents who are 18 years or older, shall have an unconditional right to vote." - We need a 28th Amendment to the U. S. Constitution which resembles this...NOW!

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    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    Quote Originally Posted by scream4ever View Post
    Apparently it was due to a scheduling conflict. The same lawyer will be arguing in Kitchen the next day and specifically requested for oral arguments to not be during that week. I assume whatever the new date is will not be too much later then the original date.
    That asshole.

    Well the week of May 12th is the next available session.

    http://www.ca9.uscourts.gov/calendar/
    Last edited by Alnitak; March 11th, 2014 at 02:49 AM.

  12. #12

    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    Quote Originally Posted by Alnitak View Post
    That asshole.

    Well the week of May 12th is the next available session.

    http://www.ca9.uscourts.gov/calendar/
    Or else they could schedule a special day.

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    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    They could but it will be likely that the 12th will be when they hear it.

  14. #14

    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    Honestly I don't care about a one month delay at this point. It's clear the other side has no standing and when they rule in our favor this summer, the entire 9th Circuit will have same-sex marriage.

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    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    Quote Originally Posted by scream4ever View Post
    Honestly I don't care about a one month delay at this point. It's clear the other side has no standing and when they rule in our favor this summer, the entire 9th Circuit will have same-sex marriage.
    Well should the standing issue end up that way, it will be a spectacle the likes of which we have not seen these past forty years. Also what could be a year of marriages in those states will make a practical reverse impossible at the Supreme Court. It already is because of California.
    Last edited by Alnitak; March 11th, 2014 at 11:02 PM.

  16. #16
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    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    Quote Originally Posted by scream4ever View Post
    Honestly I don't care about a one month delay at this point. It's clear the other side has no standing and when they rule in our favor this summer, the entire 9th Circuit will have same-sex marriage.

    Would that be final or could it be overturned? Also would that be immediate or would we have to wait awhile?
    I couldn't get my mind off you all day.
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  17. #17

    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    Quote Originally Posted by Thynight View Post
    Would that be final or could it be overturned? Also would that be immediate or would we have to wait awhile?
    If the Supreme Court denies an appeal/request for a stay, then it's essentially final, yes. If the Supreme Court stays the ruling and waits for the actual appeal to reach them it would likely take until close to the end of the year for the ruling to be finalized.

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    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    Quote Originally Posted by unloadonme View Post
    Calendared? Argh!!!!!!!!!!!!!! That's as bad as athletes "medaling" or even "podiuming" at the Winter Olympic Games.
    I'm looking forward to being briefed and underpantsed.


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    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    Quote Originally Posted by star-warrior View Post
    I'm looking forward to being briefed and underpantsed.
    My dad has a cartoon of a judge in his briefs in the hallway of his law office. Maybe not the the most professional thing, but he is old and doesn't give a shit.
    Last edited by Alnitak; March 12th, 2014 at 03:00 AM.

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    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    Hard to believe that by the end of this year, several more states could have marriage equality.

  21. #21

    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    Given that they didn't schedule a new date right away, it leads me to believe that they're in the process of scheduling a special date as soon as possible.

  22. #22
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    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    Quote Originally Posted by scream4ever View Post
    Given that they didn't schedule a new date right away, it leads me to believe that they're in the process of scheduling a special date as soon as possible.
    Paralegals do a lot of the behind-the-scenes work especially with scheduling.

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    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    We'll know soon enough.. and then we can find out who the judges will be... I already know three names we don't want to see and two out of those three are Mormons.

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    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    The plaintiffs have prodded the court to schedule arguments, reminding the court of this case's repeated delays and neglect. Once the foremost case after Hollingsworth, this case has fallen behind four other federal cases on appeal.

    "More than one and a half years have passed since the docketing of this appeal, and more than three months have already passed since argument was ordered to be expedited and calendared "as soon as possible."

    "The delay in hearing this appeal is particularly intolerable given that all government officials .. have abandoned any defense..."


    http://www.scribd.com/doc/225733639/12-17668-210
    Because no defendant with standing will appeal, it is particularly important for Sevcik to be heard before Latta v. Otter (Idaho case scheduled for September 8), so that it will not be appealed to and stayed by the Supreme Court. That way five states will be overturned immediately upon a ruling for the appellants: Nevada, Alaska, Idaho, Montana, and Arizona.


    The link for the oral arguments date will be posted here: http://www.ca9.uscourts.gov/calendar...aseno=12-17668

    See the full calendar: http://www.ca9.uscourts.gov/calendar/
    Last edited by Alnitak; May 22nd, 2014 at 10:18 PM.

  25. #25
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    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    Is the neglect purposeful?

    It seems to be based on the case you've made for what will happen otherwise.

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    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    I thought Oklahoma's marriage case languished for (close to) a decade at one point? I don't feel this one is deliberate, so much as a scheduling issue that it hasn't been flagged as "uncontested" for simple final disposal, but languishing in the "contested" pile in error.

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    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    ^
    Too many cases, too few courts.

    "Thirty-one* states allow all qualified citizens to carry concealed weapons. In those states, homosexuals should embark on organized efforts to become comfortable with guns, learn to use them safely and carry them. They should set up Pink Pistols task forces, sponsor shooting courses and help homosexuals get licensed to carry. And they should do it in a way that gets as much publicity as possible. "

    --Jonathan Rauch, Salon Magazine, March 13, 2000

    *the number is now forty

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    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    ORDER granted.

    This case will be scheduled during the month of September.

    http://www.scribd.com/doc/225864811/12-17668-211

    Well, fuck.

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    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    Quote Originally Posted by Alnitak View Post
    ORDER granted.

    This case will be scheduled during the month of September.

    http://www.scribd.com/doc/225864811/12-17668-211

    Well, fuck.
    It'll give something to look forward to in September?

    "Thirty-one* states allow all qualified citizens to carry concealed weapons. In those states, homosexuals should embark on organized efforts to become comfortable with guns, learn to use them safely and carry them. They should set up Pink Pistols task forces, sponsor shooting courses and help homosexuals get licensed to carry. And they should do it in a way that gets as much publicity as possible. "

    --Jonathan Rauch, Salon Magazine, March 13, 2000

    *the number is now forty

  30. #30

    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    So will the two cases be consolidated?

  31. #31
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    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    Quote Originally Posted by Alnitak View Post
    ORDER granted.

    This case will be scheduled during the month of September.

    http://www.scribd.com/doc/225864811/12-17668-211

    Well, fuck.
    the link doesn't open for me???

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    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    Quote Originally Posted by rareboy View Post
    the link doesn't open for me???
    Took forever for me, but it did open.

    "Thirty-one* states allow all qualified citizens to carry concealed weapons. In those states, homosexuals should embark on organized efforts to become comfortable with guns, learn to use them safely and carry them. They should set up Pink Pistols task forces, sponsor shooting courses and help homosexuals get licensed to carry. And they should do it in a way that gets as much publicity as possible. "

    --Jonathan Rauch, Salon Magazine, March 13, 2000

    *the number is now forty

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    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    Quote Originally Posted by Kulindahr View Post
    Took forever for me, but it did open.
    Scribd has been known to experience down time.

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    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    This is what it says:

    UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

    BEVERLY SEVCIK; et al., Plaintiffs - Appellants,

    v.

    BRIAN SANDOVAL, in his officialcapacity as Governor of the State of Nevada; et al., Defendants - Appellees,

    And

    COALITION FOR THE PROTECTIONOF MARRIAGE,

    Intervenor-Defendant -Appellee.


    No. 12-17668
    D.C. No. 2:12-cv-00578-RCJ-PAL
    District of Nevada,
    Las Vegas

    ORDER



    Appellants’ motion to further expedite the calendaring of this appeal isgranted. This appeal shall be placed on the September 2014 calendar.

    FOR THE COURT:

    MOLLY C. DWYER
    CLERK OF COURT

    Cole Benson
    Supervising Deputy Clerk
    Ninth Circuit Rules 27-7 and 27-10


  35. #35
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    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    The August schedule has been published, so we will have a date in about a month.

    http://www.ca9.uscourts.gov/calendar/

    Events occurring in Idaho's case could alter the course of this case further.

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    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    And all of these are happening LONG before any kind of decision is going to come from SCOTUS.

    If they had made a decision in 2009 or something, it would have likely not been good.

    I think the tipping point for SCOTUS has already been reached, but the passage of time will only add more to this, as I don't think that future state and regional rulings are going to suddenly start going the other way, and there will be plenty more decisions before anything comes out of Washington DC.
    "All legal U. S. residents who are 18 years or older, shall have an unconditional right to vote." - We need a 28th Amendment to the U. S. Constitution which resembles this...NOW!

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    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    ORAL ARGUMENTS in Latta v. Otter and Sevcik v. Sandoval

    Set for Monday, September 8th @ 9:30 a.m.


    James R. Browning United States Court of Appeals Building
    Courtroom 1 3rd Floor
    95 Seventh Street
    San Francisco CA 94103

    http://www.ca9.uscourts.gov/calendar...8-12&year=2014
    Last edited by Alnitak; June 29th, 2014 at 12:58 PM.

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    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    With the Smithkline ruling, going to be VERY hard for these bans to stand up in court.

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    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    Quote Originally Posted by Ninja108 View Post
    With the Smithkline ruling, going to be VERY hard for these bans to stand up in court.
    The ones in Nevada and Idaho are certainly done for.

    The problem now is an appeal to the Supreme Court, which Idaho is certainly capable of doing. Advocates really tried to press the 9th Circuit to hear Sevcik first, because Nevada probably will not appeal and no one with standing is left. Because no panel can overrule a previous panel without significant doctrinal developments, that would have been it for the western part of the country. Now that the two are heard together, that plan is probably over. I strongly suspect Sevcik was purposefully delayed, maybe by the clerk herself even (given her sarcastic remarks in the scheduling order), to foil our attempts to avoid an appeal and stay, and have the high court test the limits of the SmithKline case. The fact that these cases will be heard at the same time by the same panel gives the theory strong credence that the 9th Circuit really tried to avoid ruling on Sevcik alone for the aforementioned reasons.
    Last edited by Alnitak; June 30th, 2014 at 12:38 PM.

  40. #40

    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    ^^^Due to those factors, it wouldn't surprise me one bit for the Supreme Court to deny cert in both cases, especially given the SmithKline precedent now set, and also that Kitchen and Bostic are likely to be on their docket by that time anyway.

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    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    I agree with you Alnitak that Sevcik was purposefully delayed and I think Judge Diarmuid O'Scannlain was behind it.
    We knew from the Prop 8 case that he was a bigoted asshole and his dissent in this case only furthers that while also showing him to be the one behind the en banc request in the first place.
    Hard to find a judge more bigoted then Scalia but he is one of the few.

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    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    Quote Originally Posted by Ninja108 View Post
    I think Judge Diarmuid O'Scannlain was behind it...
    Just watch some rent boy will come along and out him.

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    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    Quote Originally Posted by Alnitak View Post
    Just watch some rent boy will come along and out him.
    Or his 20 something female hooker whose his paying $$$ to have sex with.

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    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    Quote Originally Posted by Ninja108 View Post
    Or his 20 something female hooker court intern whose his paying $$$ to have sex with.
    More likely, I think.

    "Thirty-one* states allow all qualified citizens to carry concealed weapons. In those states, homosexuals should embark on organized efforts to become comfortable with guns, learn to use them safely and carry them. They should set up Pink Pistols task forces, sponsor shooting courses and help homosexuals get licensed to carry. And they should do it in a way that gets as much publicity as possible. "

    --Jonathan Rauch, Salon Magazine, March 13, 2000

    *the number is now forty

  45. #45
    JUB Addict Ninja108's Avatar
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    Code of Conduct

    Re: 9th Circuit Will Expedite Nevada's Marriage Case

    Quote Originally Posted by Kulindahr View Post
    More likely, I think.
    Happened to the priest of the church I went to when I didn't have a choice. He liked the ladies... a LOT.

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