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LOS ANGELES Tuesday, July 7th 2015 1:53

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Pirates at the Port (of Los Angeles)

Jack Humphreville
LA WATCHDOG-The growth of the Port of Los Angeles and its ability to maintain and create good paying jobs and its market share of imported cargo are under siege by external market forces as well as the demand by the San Pedro and Wilmington communities to finance $400 million of public benefits over the next ten years. The Harbor Department, one…

Why I Support 'No Gays Allowed'

C.J. Prince
GUEST WORDS-Last week, a Tennessee retailer made headlines when he took the whole we-won't-bake-cakes-for-gay-weddings thing to the next level. In response to last week's Supreme Court marriage ruling, Jeff Amyx, owner of Amyx Hardware, taped a "No Gays Allowed" sign to his storefront window. Amyx, who is also a Baptist minister, explained to WATE…

Never on Sunday

Paul Hatfield
GREEK VOTE, A PERSPECTIVE-According to the lyrics from the memorable theme to Never on Sunday (enjoy the trailer), it is OK to kiss in Greece except for Sunday. However, on this past Sunday, July 5th, Greek voters invited the EU to kiss them. I need not mention the part of the anatomy, though. Contrary to some extreme views, this does not mean the…

LA Transpo Slowed to a Crawl by Outdated and Ignored Laws

Ken Alpern
GETTING THERE FROM HERE-Reform of the City Charter or its Bylaws is almost certainly in order, but it's no secret that the City of LA … for all its hype about being for "sustainable living" and being "environmentally-friendly" … is burdened by a host of either outdated laws (which encourage inappropriate overdevelopment) or ignored laws (which are…

You’ll Never Guess Why I love Los Angeles

Fred Mariscal
LATINO PERSPECTIVE-I remember the first time I went on a vacation outside of Mexico. We went to Los Angeles when I was 6 years old. I didn’t have to wonder why my dad choose Los Angeles, he knew I wanted to go to Disneyland and meet Mickey Mouse. That first trip we took that summer made me fell in love with this City. Los Angeles has everything a…

Unsolicited Advice for New LA Councilmember David Ryu

Joe Linton
GUEST COMMENTARY-Los Angeles City Councilmember David Ryu. Photo via ryuforcouncil.com It’s July. That means a new budget year for government agencies, where there is some turnover: some new faces, new officers, and new committees. LA County Supervisor Mark Ridley-Thomas is the new chair of the Metro Board of Directors, replacing LA Mayor Eric…

LA Working on Plan to Plaster the City with Digital Billboards

Adrian Glick Kudler
GUEST WORDS-People in Los Angeles love digital billboards!! We can't get enough of them! Give us more!!! Oh, thank god, the LA City Council is ON IT. Lawsuits have tragically darkened so many of those blinky, flashy ads, but yesterday the City Council's Planning and Land Use Management Committee voted to bring them back big time. They want to…

The Persuaders: California Hospital Association

Bill Raden
CAPITAL AND MAIN SPECIAL REPORT-The nurses who showed up at state Senator Richard Pan’s Capitol office in May were furious. They had been assured by Pan, a Democrat from Sacramento, that he would be on their side when it came time to vote on Senate Bill 346, a charity care measure aimed at providing transparency to the state’s currently murky…

Vacations are a Necessity…Not a Luxury

Denyse Selesnick
Since most of the readers of CityWatch are “high achievers” you have undoubtedly faced the situation where you feel you can’t afford to take a vacation right now because of a million different reasons. Many of these boil down to one…without your presence things will fall apart. Really, they are just excuses … not reasons! Getting away from your…

 

  • Costco: Free Range Liars!

    Christian Cristiano
    WELLNESS POLITICS-Eight years ago grocery retailer Costco (COST) pledged to transition out of using eggs from chickens in small cages to cage free…
  • 10 Things Over-Thinkers Are Tired Of Over-Thinking

    Lindsay Holmes
    WELLNESS-While writing this intro, I deleted the first paragraph approximately six times. My thoughts ranged from "Just get to the point already" to…
  • Can Procrastination Give You a Heart Attack?

    Christian Cristiano
    WELLNESS-A study posted in the journal of behavioral medicine linked procrastination with hypertension and cardiovascular disease. Specifically…



Thu Jul 16, 2015 @12:00AM
LA Equality Awards RSVP
Thu Jul 30, 2015 @ 6:00PM - 08:00PM
A Taste of Chatsworth


One More Time! Grateful Dead say goodbye.

USA World Cup Soccer win … sealed with a kiss

 

 

 

 

  

 

 

 

Supreme Timing: Why It’s Better for the Supremes to Hear DOMA before Prop 8

CIVIL RIGHTS - In a bout of incredibly serendipitous timing that nobody could have predicted, within the span of a week, both the First and Ninth Circuit Courts of Appeal have paved the way for the Massachusetts DOMA ( Defense of Marriage Act) cases  and the Prop 8 case to be heard at the US Supreme Court.   As always, there are a few caveats to keep in mind.  First, the Bipartisan Legal Advisory Group (BLAG) of the House of Representatives, which is defending DOMA on the wishes of House Republicans due to the Justice Department’s decision not to defend the law, could potentially ask that the 3-judge panel decision made by the First Circuit be granted a rehearing by what’s called an en banc panel made up of all the appellate court’s active judges.  

This en banc rehearing would essentially be another intermediate step at the First Circuit before the case could move to the Supreme Court.  

Such a move, however, would have a small chance of succeeding, given that the court is currently composed of five judges, making the 3-judge panel that struck down DOMA a clear majority to deny rehearing.  

And, of course, the Supreme Court has discretion in which cases it wishes to hear, which means that the justices do not necessarily have to take up any given appeal.  (In fact, less than 1 percent of cases are taken up by the high court each year.)
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When it comes to the DOMA cases, it is very unlikely the Supremes would not take up the appeals, given that a failure to do so would result in an act of Congress being declared unconstitutional and unenforceable in four states (and Puerto Rico!) while leaving it the law of the land in the other 46.  

On the other hand, it seems quite feasible the Court would decline to hear the Prop 8 case, given the Ninth Circuit’s clear efforts to limit its decisions to California only and not address any larger federal questions.

With all of these complexities in mind, it’s worth revisiting a question about which much ink (both digital and otherwise) has been spilled: is it better for marriage equality if the DOMA cases reach the Supreme Court first, or if the Prop 8 case does?  

Any answer to this question is necessarily rooted in the imprecise tea-leaves science of court-watching, but it is nevertheless a conversation worth having, especially considering the fact that the ground is now set for one or two high-profile marriage equality cases to make their way to the high court within the next year or so.

Writing yesterday in the Los Angeles Times, Douglas NeJaime of Loyola Law School argued, “Although Perry may provide more dramatic and compelling litigation, the DOMA cases present the Supreme Court with the best way forward.”  

And at Towleroad, the ever-insightful Ari Ezra Waldman lays out the arguments for why DOMA should come before Prop 8.  (I have to credit the many commenters on Waldman’s post for giving me some of the ideas that led to this series.)

I firmly agree with the argument that the best possible outcome for marriage equality at the Supreme Court in the next year or so is for the Court to consider the DOMA cases, uphold the lower courts’ rulings striking down the law, and decline to hear the challenge to the Ninth Circuit’s Prop 8 decision.

This is not to say that this outcome is the one that I truly wish for; on the contrary, in my heart I want the Supreme Court to take up the Prop 8 case and choose to side with Judge Vaughn Walker’s powerful and persuasive arguments that marriage discrimination is simply unacceptable under the U.S. Constitution.

But while I am an optimist at heart, I am a realist as well, and while it is important for all activists to be impatient, and to push the envelope, and to refuse to settle for less than everything they know is right and true, I think the most realistic scenario is almost as good for us as my imagined one.  

There are three reasons for this: 1) the different resonances that the DOMA case might have with the Court as opposed to the Prop 8 case, given the Supremes’ ideological makeup, 2) the distinct constitutional implications that striking down DOMA would have compared to striking down Prop 8 and 3) the wide-reaching and perhaps hitherto under-appreciated effect that a DOMA win would have for marriage equality, including in a post-Prop 8 California.

Starting tomorrow, I will explore one of these arguments in detail each day, and on Friday I will wrap up the series with a conclusion about the importance of the timing of the two cases.  

This entire series is meant to delve more deeply into the issues than a one-time post would allow and, I hope, will inspire a vigorous debate around the issue of timing.  

While these pieces represent my own opinion and my reasoning for holding that opinion, I hope that those who feel differently (or perhaps see flaws in the arguments I make) contribute to the discussion in the comments.  

As I said earlier in this introduction, predicting the actions of the Supreme Court is at best an art and not a science, but it is still an important exercise for our community, since it helps us look at the reality of the legal landscape in which we live rather than the one in which we might wish to live.  

The recent decisions of the First and Ninth Circuits mean we are living in an exciting time where matters of great importance are to be decided.  It helps if we go into them knowing where we stand.

(Jacob Combs are contributors to Courage Campaign Institute's Prop8TrialTracker.com,  where this piece was cross-posted. Look for parts 2-5 of this series here. -cw

Tags: Prop 8, DOMA, Supreme Court





CityWatch
Vol 10 Issue 47
Pub: June 12, 2012

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