Saturday, December 5, 2009

9th Circuit Likely to Overturn Prop 8 Campaign Document Disclosure Order

Looks like Northern District of California Chief Judge Vaughn Walker is going to suffer his first reversal in the federal challenge to Proposition 8. The 9th U.S. Circuit Court of Appeals continued a stay of Walker's order forcing the Yes on 8 campaign to turn over internal documents and e-mails to challengers of the measure. In its order, the court said the campaign had made a "strong showing" that it would succeed on the merits of the discovery issue. Ninth Circuit Judges Kim Wardlaw, Raymond Fisher and Marsha Berzon -- all Clinton appointees -- also indicated that they would make a formal ruling "promptly." In arguing that Prop 8 violates federal due process and equal protection provisions, plaintiffs sought the campaign documents to help prove a discriminatory intent behind the anti-gay marriage effort. The Yes on 8 camp countered that such disclosures would abrogate the campaign's First Amendment rights. Full Story from Law.com: http://www.law.com/jsp/article.jsp?id=1202436079485&Gay_Marriage_Foes_Win_Some_Satisfaction_From_th_Circuit

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