ha ha. Justice Kennedy denies motion to halt gay marriage in California

[Tx4obama]

3. An article excerpt from Saturday: '' the 9th Circuit has independent authority over its own orders"

-snip-

Many legal experts who had anticipated such a last-ditch effort by gay marriage opponents said Friday that it was unlikely to succeed because the 9th Circuit has independent authority over its own orders, in this case its 2010 stay.

While the ban's backers can still ask the Supreme Court for a rehearing, the 25-day waiting period is not binding on lower federal courts, Vikram Amar, a constitutional law professor with the University of California, Davis law school, said.

"As a matter of practice, most lower federal courts wait to act," Amar said. "But there is nothing that limits them from acting sooner. It was within the 9th Circuit's power to do what it did."

-snip-

http://bigstory.ap.org/article/dozens-same-sex-couples-line-be-married