Walker: Denies Stay Pending Appeal, Grants Temporary Stay

Posted by Chris Geidner
August 12, 2010 3:39 PM |

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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