Walker: Denies Stay Pending Appeal, Grants Temporary Stay
U.S. District Court Judge Vaughn Walker ruled that the proponents of Proposition 8 are not likely to succeed on appeal and do not meet the standards to have his August 4 ruling stayed. He has kept the stay in place until August 18 in order to give the proponents time to appeal this decision.
The key line from Judge Walker’s ruling:
Because proponents fail to satisfy any of the factors necessary to warrant a stay, the court denies a stay except for a limited time solely in order to permit the court of appeals to consider the issue in an orderly manner.
The conclusion:
None of the factors the court weighs in considering a motion to stay favors granting a stay. Accordingly, proponents’ motion for a stay is DENIED. Doc #705. The clerk is DIRECTED to enter judgment forthwith. That judgment shall be STAYED until August 18, 2010 at 5 PM PDT at which time defendants and all persons under their control or supervision shall cease to apply or enforce Proposition 8.
My full report on the order — “More Waiting” — is up.
The order: Final_stay_order.pdf
[UPDATE: The Advocate reports that the proponents have filed their emergency appeal of Judge Walker’s order denying their motion for a stay of the decision striking down Proposition 8 pending appeal.]
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