February 6, 2012
By Adam Bink
Just in from the courthouse:
The Court anticipates filing an opinion tomorrow (Tuesday, February 7) by 10:00 a.m. in Perry v. Brown, case numbers 10-16696 and 11-16577, regarding the constitutionality of Proposition 8 and the denial of a motion to vacate the lower court judgement in the case. A summary of the opinion prepared by court staff will be posted along with the opinion.
To recap, Judge Walker ruled Prop 8 to be unconstitutional in August 2010. The case and various related cases wound they way through the courts over the next year and a half. Tomorrow, the 9th Circuit Court of Appeals will finally issue a ruling on the appeal of Judge Walker’s verdict. From there, the case could go to the full 9th Circuit en banc (a larger panel of 11 judges, rather than just a panel of three, as is the case here) and/or the Supreme Court.
The court will also rule on the motion to vacate Judge Walker’s decision because he’s gay.
As usual, we’ll be providing the best coverage on the web before and after the ruling tomorrow morning.
If you’d like background on how we got to this point and all these different issues and cases, you can find a layperson’s read right here.