Looks like Californians will have to wait a few more months to hop on board the gay marriage bandwagon. Here is the text of the order, from the 9th Circuit Court of Appeals.
Before: LEAVY, HAWKINS and THOMAS, Circuit Judges.
Appellants’ motion for a stay of the district court’s order of August 4, 2010 pending appeal is GRANTED. The court sua sponte orders that this appeal be expedited pursuant to Federal Rule of Appellate Procedure 2. The provisions of Ninth Circuit Rule 31-2.2(a) (pertaining to grants of time extensions) shall not apply to this appeal. This appeal shall be calendared during the week of December 6, 2010, at The James R. Browning Courthouse in San Francisco, California.
The previously established briefing schedule is vacated. The opening brief is now due September 17, 2010. The answering brief is due October 18, 2010. The reply brief is due November 1, 2010. In addition to any issues appellants wish to raise on appeal, appellants are directed to include in their opening brief a discussion of why this appeal should not be dismissed for lack of Article III standing. See Arizonans For Official English v. Arizona, 520 U.S. 43, 66 (1997).
IT IS SO ORDERED.
Interesting that the Court, on its own initiative, ordered the issue of standing to be briefed – clearly, the Court is concerned about it. Also, it’s good news that the briefing is expedited. Still, it’s too bad that the stay was granted at all.