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Treant

(1,968 posts)
8. Refusal of a stay
Tue Dec 24, 2013, 09:43 PM
Dec 2013

Contains within it the very strong implication that the court doesn't see the opposition winning on the merits. They're hesitant to issue stays in that case--and they have to be pretty sure of it.

Attempting to annul that many marriages at once comes with some implications, in that SCOTUS chose not to accept the Prop 8 case by ducking on standing (standing has never been a problem in other cases, including Bush v. Gore, where the Supreme Court itself is neither empowered nor qualified to decide the case). Given that the ground on that one was, if I remember correctly, not being able to rescind rights after they've been granted, that causes some interesting issues.

Courts only stay decisions when they think the party requesting the stay may win on appeal. dballance Dec 2013 #1
Excellent! We need to end persecution in this country. We often have persecution for RKP5637 Dec 2013 #2
Utah's AG Treant Dec 2013 #3
Utah bigots, cry us a river: blkmusclmachine Dec 2013 #5
True, conventional wisdom says she'll probably rule against them davidpdx Dec 2013 #14
Scalia is salivating his NO vote against gay people, whenever the marriage case reaches SCOTUS. blkmusclmachine Dec 2013 #4
Kick & very highly recommended. William769 Dec 2013 #6
Even as a gay man I wish the trial court had issued a stay.... Swede Atlanta Dec 2013 #7
Refusal of a stay Treant Dec 2013 #8
consdiering how mauch money the LDS poured in to weissmam Dec 2013 #9
There's a difference Treant Dec 2013 #10
This is the best Christmas present ever. liberalmuse Dec 2013 #11
Since only Satan's consorts cackle, yes, it would be wrong. closeupready Dec 2013 #13
Kick n/t Tx4obama Dec 2013 #12
Still shocked gay marriage is legal in Utah, but not Oregon davidpdx Dec 2013 #15
Salt Lake Tribune: 10th Circuit Court denies same-sex marriage stay alp227 Dec 2013 #16
I had thought Utah would be the very last state to allow it Rochester Dec 2013 #17
As I read the story, this wasn't the state making the sdecision but federal courts. 24601 Dec 2013 #18
Do most people use "gay marriage" and "same sex marriage" interchangably? marshall Dec 2013 #19
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