Constitutional Law,
9th U.S. Circuit Court of Appeals
Aug. 19, 2010
Wrong on the Law
The 9th U.S. Circuit Court of Appeals' decision to stay same-sex marriages is practical but not justifiable under the law, by Erwin Chemerinsky of the University of California, Irvine, School of Law.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law, UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
The 9th U.S. Circuit Court of Appeals' decision on Monday to stay same-sex marriages until the court has a chance to decide the issue makes sense from a practical perspective, but it is wrong as to the law. It is understandable that the three-judge motions panel would decide to freeze the status quo until the court has briefing and oral argument on the constitutional issue. Besides, if the motions panel denied the stay, the supporters of ...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In