As many expected, the proponents of Proposition 8 are delaying their ultimate loss as long as they possibly can by asking for a full en banc review at the Ninth Circuit:
Charles Cooper, the lead attorney for the proponents of Proposition 8, tells Metro Weekly that the proponents of the California marriage amendment will be asking the full U.S. Court of Appeals for the Ninth Circuit to review the three-judge panel decision issued on Feb. 7 holding that Proposition 8 is unconstitutional.
Although Cooper, of Cooper and Kirk PLLC, told Metro Weekly the filing has not yet been made, the filing is expected later today as today is the deadline for the filing to seek en banc review.
The move almost guarantees that the U.S. Supreme Court will not consider the case before this November’s presidential election.
Delay, delay, delay. However, assuming Obama wins re-election [he will, easily], this could increase the chances that the Supreme Court will take the case and hand down a final ruling on the matter.
