Prop 8: Fighting about the Stay Already

/in /by

You know how the Defendant-Intervenors submitted a premature request for a stay in the Prop 8 case yesterday?

Well, the plaintiffs have now asked Judge Walker not to issue a stay without giving plaintiffs a time to weigh in.

Dear Chief Judge Walker:

I write on behalf of Plaintiffs in response to the obviously premature Motion to Stay filed yesterday by Proponents (Doc #705). As the Court is aware, Proponents’ motion requests that a stay be issued contemporaneously with the judgment. Plaintiffs intend to respond to the stay motion, if a response is a warranted, as soon as practicable after the Court issues its Order. If the Court is inclined to consider Proponents’ request, Plaintiffs respectfully request the opportunity to be heard on their motion.

Respectfully submitted,

Theodore J. Boutrous Jr.

[my emphasis]

Gotta love Boutrous’ dig at the way the Defendant Intervenors jumped the gun on the ruling…

But I would say that the fact that the sides are already arguing about whether people should have the right to marry in CA immediately–or only after the inevitable appeals–is another sign that Walker is going to rule for marriage equality today.

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  1. Peterr says:

    I like the “if a response is warranted” line myself. It suggests that the motion may be so dubious on its face (in light of the decision) that it need not be dignified with a reply by the plaintiffs.

    But even so, reminding the judge of the bad legal manners of the DIs is always a good move.

  2. Cynthia Kouril says:

    It’s so weird that they filed the motion. Normally, what you is you draft the papers and have them ready to go and as soon as the decision comes out, you file them. It is not unheard of to have a paralegal hanging out at the courthouse with the papers waiting for your phone call to file them.

    What do they think will happen? That a gay couple will be standing on the courthouse steps with a marriage lisence and preacher and get married during the 10 seconds between the decision and the filing of the stay application?

    Or that by making the application in advance Walker will issue a companion order staying his own decision? Given the liklihood of appeal, it would not surprise me if Walker already planned to stay the decsion even without the motion

  5. nahant says:

    But I would say that the fact that the sides are already arguing about whether people should have the right to marry in CA immediately–or only after the inevitable appeals–is another sign that Walker is going to rule for marriage equality today.

    Lets hope!! Our friends deserve as much.

  6. Teddy Partridge says:

    Marcy, bmaz, and I walked past Olson and Boutrous outdoors shortly after the post-Closing press conference. Bmaz had already had a coupla elevator chats with Plaintiffs’ counsel, and Olson looked like he wanted to chat us all up so more. I was, of course, fried from liveblogging all day and knew, as well, that Ted Boutrous makes me weak in the knees, with his Greek nose and full head of silvery hair.

    “Too sexy to even try to talk to,” is how I put it to Marcy at the time. Fine-lookin’ and clearly sharp as a tack.

  7. Teddy Partridge says:

    “We’re keeping an eye on you!” said Pugno to me after coming off the presser stage before he started.

    Yeah, Andy — you and lotsa other bear-chasers. Get a grip, dude, with your wife and four children in yet another starter home in Sacto. Come on out, the air outside the closet is fine.