from Pam
"First, and drastically most importantly, the Court granted the stay. Consequently the thousands of couples who were waiting for the day of equality will have to wait at least a few more months until December. It's interesting that the panel does not at all discuss the reasons for their decision on the motion to stay. That's because if they went through the factors, there's no way they could rationalize the stay. They themselves raise the issue of standing and express an inclination that the case should be dismissed on that basis. How, then, could they possibly determine that the Appellants have a "high likelihood of success on the merits"? And how can they show that the Appellants will suffer any harm if loving couples in California are allowed to marry each other?
Second, the Court wants this case to be resolved quickly. Appellants' opening brief is due in just a month and the hearing will happen on December 6th. This is lightning quick for a Federal Court of Appeals, and it's a very good sign. The Court understands that this case is important, and it doesn't want it to linger.
Third, the Court specifically orders the Prop 8 proponents to show why this case should not be dismissed for lack of standing. This is very good news for us. It shows that the Court has serious doubts about whether the Appellants have standing.
Even better, the Court is expressing an opinion that its inclination is that the case should be dismissed. That being said, the panel that issued this Order (the motions panel) is not the same panel that will hear that case on the merits. The merits panel will be selected shortly before December 6th and we don't know the three judges who will be on the merits panel. But this is a very good sign that the appeal could be dismissed on the ground of standing alone."
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