Supreme Court Rules on Prop 8: SCOTUS vacates lower court ruling on Prop 8. Says 9th Circuit should not have taken the appeal

SCOTUS BLOG:
PROP 8 RULING:  SCOTUS vacates lower court ruling on Prop 8. Says 9th Circuit should not have taken the appeal
Amy Howe blogging:

– The line up is 5-4: Kennedy dissents, joined by Thomas, Alito, and Sotomayor.

– The decision of the Ninth Circuit is vacated and remanded.

– Kedar now has to bust out a new line-up for his statistics. Majority is Roberts with Scalia, Ginsburg, Breyer, and Kagan.
From the opinion: We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to. We decline to do so for the first time here.

– The Ninth Circuit was without jurisdiction to consider the appeal. The judgment of the Ninth Circuit is vacated, and the case is remanded with instructions to dismiss the appeal for lack of jurisdiction.

– The language that the Chief used in the opinion w/r/to “never before upheld the standing of a private party” almost exactly mirrors something that he said to Chuck Cooper at oral argument in late March.

– Here too the decision looks a lot like what we expected after the oral argument, although the vote line-up isn’t what we necessarily would have predicted. (**Note: Roberts rules in favor of majority opinion, while Kennedy dissents)

– From the opinion: We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to. We decline to do so for the first time here.

– The Ninth Circuit was without jurisdiction to consider the appeal. The judgment of the Ninth Circuit is vacated, and the case is remanded with instructions to dismiss the appeal for lack of jurisdiction.

– The language that the Chief used in the opinion w/r/to “never before upheld the standing of a private party” almost exactly mirrors something that he said to Chuck Cooper at oral argument in late March.

– Here too the decision looks a lot like what we expected after the oral argument, although the vote line-up isn’t what we necessarily would have predicted.

Sekhar Opinion:
http://www.supremecourt.gov/opinions/12pdf/12-357_q8l1.pdf

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