Prop 8 Proponents Will Ask for Rehearing by Ninth Circuit
February 21, 2012 by Brian Moulton, Legal Director
According to press reports, later today the proponents of Prop 8 will ask the full U.S. Court of Appeals for the Ninth Circuit to have a larger panel of its judges review the appeal in Perry v. Brown. In this procedure, called an en banc rehearing, all of the active judges on the Ninth Circuit will vote whether to rehear the appeal and, if the majority says yes, a randomly selected panel of 11 judges will then review the three-judge panel’s decision striking down Prop 8 and issue their own opinion. This process, which may involve briefing and oral arguments before the larger panel, will likely take several months. After that, either side could seek review of the en banc decision by the U.S. Supreme Court.
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