Next Monday, Dec 6 all eyes will be on the 9th Circuit Federal Court in San Francisco as the next step in the Prop 8 case moves forward! Three randomly chosen Federal judges will hear the arguments in the case. There are 2 Democratically appointed judges and one Republican appointed judge. Michael Hawkins, Stephen Reinhardt and N. Randy Smith are the three judges who will hear the case. Hawkins and Reinhardt are the two more liberal judges. Reinhardt is seen as the most liberal of those on the 9th Circuit.
The attorneys on both side will appear before the 3 judge panel. Unlike the original federal trial before Judge Walker this will be televised. CSPAN has agreed to show it as well as several other outlets. Here is an excellent analysis of what to expect. It begins at 10 am Pacific Time.
The first issue is whether or not the Yes on 8 folks even have the legal standing to bring the case to the court. Since the state of California is not appealing Judge Walker’s decision and they are responsible for carrying out the law. With the election of Kamla Harris as Attorney General and Jerry Brown as Governor the State of California will not defend Prop. 8 at all.
Monday’s arguments and these three judges hold the fate of Prop 8 in their hands. The drama continues.