NOM BLOG

9th Circuit To Rule on Prop 8 and Judge Walker's Impartiality Simultaneously

 

Metro Weekly (a gay newspaper):

The U.S. Court of Appeals for the Ninth Circuit will be deciding the appeal of U.S. District Court Judge Vaughn Walker's ruling striking down Proposition 8 as unconstitutional alongside the appeal of U.S. District Court Judge James Ware's ruling denying the Proposition 8 proponents' attempt to have Walker's ruling vacated because they argued he was biased because he is gay and has a partner.

The decision was announced in a one-sentence order issued this afternoon in granting a request from the proponents that the matters be consolidated.

... With today's order, all of the questions relating to the validity and merits of the constitutionality of Proposition 8 could be decided by the Ninth Circuit in one decision, allowing for the most clean appeal possible to the U.S. Supreme Court.

The only ancillary matter still unconsolidated is the question of whether the tapes of the Proposition 8 trial conducted by Walker in January 2010 and concluded that June can be released to the media and public. The Ninth Circuit oral arguments on the appeal of that question will be held at 2:30 p.m. Pacific Time Dec. 8.