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BREAKING: Attorney General Jerry Brown will not appeal 9th Circuit stay decision
August 16, 2010 at 5:53 pm Eden James 157 comments
(If you haven't heard the news, the 9th Circuit Court of Appeals just stayed Judge Vaughn Walker's ruling on Proposition 8. If you want to catch up on the news from the 9th Circuit and many of the reactions to it, on both sides, click here. Meanwhile, use this post for ongoing discussion in the comments, as the previous post is overflowing. — Eden)
By Eden James
Chris Geidner over at Metro Weekly breaks the news on AG Jerry Brown deciding not to appeal the stay decision:
Jim Finefrock, Brown's director of communications, told Metro Weekly on Monday evening that the attorney general would not be appealing the decision to grant the stay.
"The stay was reinstituted, and that's what we have to deal with now," Finefrock said, adding, "We are evaluating whether we'll have anything to say about standing in this case."
In its initial filing before the Ninth Circuit, the Attorney General's office took no position on whether the proponents have standing to bring the appeal.
Meanwhile, Prof. Tobias Wolff, who helped the equality side with Prop 8 litigation during the California Supreme Court phase, just emailed me the following opinion on the 9th Circuit's stay ruling and its significance to the case:
AFER's optimistic assessment is not just spin. The Ninth Circuit's expedited briefing schedule is significant. Also highly significant (though AFER does not mention it in their release) is the Ninth Circuit's instruction to the parties to focus particular attention on the question of whether the appeal should be dismissed for lack of jurisdiction due to the proponents' lack of independent standing.
A victory in this appeal on the jurisdiction / standing issue would be phenomenal. Although the principles established in Judge Walker's ruling would only result in the striking down of Proposition 8, rather than the establishment of marriage equality nationwide, dismissal of the appeal would eliminate the risk associated with bringing these claims before the Supreme Court of the United States — the most conservative Court that we have had in the last fifty years, in many respects — and Judge Walker's devastating analysis of the factual record and the utter lack of evidence supporting any reason for excluding same-sex couples from marriage would remain on the books and be available for us to cite in all our future efforts at litigation and legislative reform.
It is frustrating that California couples will need to wait yet longer to have their rights vindicated, but this order holds much promise for the successful elimination of Proposition 8 once and for all.
UPDATE BY EDEN: California Assembly Speaker John A. Pérez (D-Los Angeles), the state's first openly gay legislative leader, has issued the following statement:
"Today's ruling by the Ninth Circuit panel is consistent with the fact that groundbreaking decisions are often stayed pending appeal. The fact that the Court is expediting the hearing schedule only underscores the point Judge Walker made in his ruling: LGBT Californians have suffered, and are suffering, from having our constitutional right to equal protection and due process violated every moment Prop 8 remains in effect. This ruling is a reflection on established legal convention, and in no way diminishes the powerful and eloquent statement in defense of our constitutional rights Judge Walker made in his ruling."
UPDATE BY ADAM: Here's NOM's spin:
Judge Walker gave the 9th Circuit Court of Appeals just 6 days to decide whether or not to overrule his order requiring the immediate issuing of marriage licenses to gay couples. Today the 9th Circuit, one of the most liberal in the country, stepped in to overturn that order, issuing a stay on implementing Judge Walker's ruling while it is appealed. Another smackdown of Judge Walker by an Appeals Court.
The knotty question of "standing" remains in play, however, since Governor Schwarzenegger and Attorney General Jerry Brown have both failed in their duty to defend the voters who passed Prop 8–and Judge Walker kept Imperial County (which opposes same-sex marriage) from intervening in the case (while allowing San Francisco to become a party).
Here's the question for today: If anti-Prop 8 lawyer Ted Olson is so convinced that after his vaunted trial the voters of California have no case–why is he now trying to prevent higher courts from reviewing his handiwork?
The judicial bias has been extraordinary, as once again powerful elites attempt to frustrate the manifest will of the people of California. This fight will continue!
UPDATE BY ADAM: A statement from Courage Campaign Founder and Chair Rick Jacobs via press release:
"While we are pleased to see an expedited timeline ordered for appellate review, the 9th Circuit's decision to grant a stay of Judge Walker's ruling is obviously disappointing to the thousands of loving families who expected equal access this week to the rights, responsibilities, significance and safety net that only comes with marriage. Ultimately, the facts of this case remain unchanged—a federal court has found Proposition 8 unconstitutional and the initiative's proponents have admitted in court that they 'do not have evidence' to support second class citizenship for millions of American families.
With a majority of Americans now supporting marriage equality, it is clear that we are both on the right side of the Constitution, and the right side of history. In the meantime, we will continue our work to accelerate the shift that's already underway in the court of public opinion by telling America the truth about what was presented in Judge Walker's courtroom, and the stories of the millions of American families — both straight and LGBT — who know the destructive power of discrimination first hand."
Well said. As I've been writing in this space, all the work we do here together outside of the legal team makes a difference. We'll continue our work with some new, exciting efforts coming up to showcase same-sex couples and families and create the kind of climate and momentum that will help win the day in court.
UPDATE BY ADAM: (timely) For those in SoCal, Karen Ocamb, one of the best journalists covering this and friend of Prop8TrialTracker.com whose work is frequently cross-posted here, will be on Warren Olney's "Which Way LA" radio show on KCRW at 7:00 PM PST/10 PM EST tonight. The station number is 89.9 FM. If you're not in SoCal, you can listen via this link. I'm listening now. She tells me it will be a barnburner when it comes to her opinion of today's news.
UPDATE BY ADAM: Karen made the following comment on-air:
Most of the lawyers are, I don't want to say they're happy with the ruling, but they're happy with two things… this stay means the 9th Circuit is taking this very seriously, and that they want a resolution quickly. Second, happy that the 9th Circuit specifically asked the Prop 8 proponents to discuss the issue of standing… that's considered to be a very good sign. But what's going on with the legal areas is very different than what's happening with people's emotional response, the heavy hearts… we have been waiting our whole lives to have marriage equality, to not be second-class citizens… this stay strikes a blow to all of us, that we can be continually batted around this way.
I think that's about right. Or, as AndrewPDX wrote in the previous thread:
I am bummed that they extended the stay — the emotional roller coaster continues.
UPDATE BY ADAM: Speaking of SoCal, President Obama is actually in Hollywood tonight for a DCCC fundraiser along with much of the SoCal current and former Congressional delegation, Mayor Villaraigosa, Speaker Pelosi, and others. He arrived at 6:20 PM PST before the ruling came down, but I wouldn't put it past that the topic didn't come up later on, or his position on marriage in general.
UPDATE BY ADAM: A very odd post from Maggie over at National Review Online, titled "Chuck Cooper Strikes Back" (it's only 4 paragraphs, so I re-posted for your convenience):
The Ninth Circuit's stay overruling Judge Walker's decision to allow gay marriage is the third time Judge Walker has been slapped down by appellate courts: once by the Supreme Court over the issue of televising the trial; once by the Ninth Circuit over the issue of forced disclosure of private e-mails by campaign leaders; and now by the Ninth Circuit again.
When you read the brief that Charles Cooper filed, it's not hard to see why. It is a total smack-down of Walker's decision to ignore the immense amount of evidence brought to him — not to dispute it, but simply to ignore it.
Here's the National Organization for Marriage's quick summary of Cooper's deadly brief, with a link to the actual brief as well. But to give you an example of how extreme Judge Walker is, he ruled that orientation is a protected class subject to strict scrutiny — ignoring ten higher-court decisions to the contrary. He doesn't contest, distinguish, or disagree. He literally ignores their existence.
This is very odd behavior for a judge.
UPDATE BY EDEN: Rex Wockner just posted this overview of where things stand, as of tonight, including reaction from both NCLR and Lambda Legal:
NCLR Executive Director Kate Kendell said: "Every additional day that couples must wait to marry again in California is painful, but despite the terrible disappointment for the many couples whose right to marry has been delayed yet again, today's ruling includes another significant victory for our side. The court did the right thing by putting the case on a fast track and specifically ordering that Prop 8 proponents show why they have a legal right to appeal. This ruling brings us one step closer to ending the nightmare of Prop 8 and restoring full equality for all Californians."
Lambda Legal called the stay "painful."
"We are saddened by the 9th Circuit's decision to maintain the stay of Judge Walker's ruling that Prop 8 is unconstitutional," said Jennifer Pizer, director of the group's Marriage Project. "We very much hoped to see same-sex couples again free to celebrate their love and mutual devotion through marriage starting later this week. We know this delay is painful for couples in love, who have been denied their basic rights for too long already."
Entry filed under: Trial analysis.
157 Comments Add your own
Make it a triple, and hold the olive.
scribble, scribble, scribe
Speaker Perez said it well.
Yes, but it is still sad he had to say it in the first place. In my head I knew a stay would be reinstated, but my heart had other plans.
Oh, please, I pray that something happens to restore marriage equality.
Thanks for the updated news. And, yeah, what Speaker Perez said.
(i'm never going to catch up with all the email!)
If I undersand right and we win without SCOTUS here, CA would have done other states a BIG favor in having a Federal level case to point to…
Tobias Wolff (above):
"supporting any reason for excluding same-sex couples from marriage would remain on the books and be available for us to cite in all our future efforts at litigation and legislative reform."
We'll owe CA BIG TIME for all their pain.
Any other Democrat I won't be voting for care to apologize for this travesty of justice?
Do you seriously think you'd get better treatment from a non-Democrat? Meg Whitman or Steve Cooley?
I take this as good news. It's disappointing, but two weeks ago, we didn't even have Judge Walker's ruling yet. And the possibility of ending it here and now on 'standing' was in nobody's consciousness.
So let's all calm down and take a breath.
It seems clear to me that the 9th is seriously looking at dismissing the appeal based on standing, which means Walker's ruling stands. And which means, even if it doesn't go all the way to SCOTUS, a precedent has been set. Which means more time and evidence to work the hearts and minds of the people.
I look at NOM's spin and the Protect Marriage's email in the earlier thread ("Please! send us money! We need to pay our lawyers to keep this going!") and I smell nothing but panic. They KNOW the standing issue is huge and they don't have an answer for it. Any more than they have an answer for how they will be harmed when SSM is allowed to go forward. And the timetable does not allow a new state admin to step in and help them out.
Disappointing yes, but – and maybe I am naive – but I am not worried at this development.
I'm with you. Lawsuits have a million ups and downs and stops and starts…..welcome to the world of litigation. If anyone's going to engage in a lawsuit, they have to be in it for the long haul and not panic over every development along the way. Otherwise, you'll bring on a MAJOR heart attack.
Andrea, I know this is disappointing, but please remember that Jerry Brown has had our back on this issue from the very beginning. And remember that he as AG refused to appeal Judge Walker's ruling, a courageous step while running for governor. In the grand scheme of things, not appealing the stay is comparatively minor.
He needs our support now more than ever.
Yes, Meg Whitman would be actively fighting us every step of the way. We need to defeat her!
The CA9 seems to pretty much grant us the timeline that the plaintiffs asked for in their filing, in lieu of lifting the stay. Sounds like Boies and Olson know what they are doing… It still sucks big time we have to wait for justice, but I'd rather take it as a good sign.
So if it does end with the standing issue what states are affected exactly? Does that mean more than just California gets marriage equality, or does it only strike down Prop 8 and where it applies (CA only)?
Based on comments from people more experienced with the law than I: CA only. But it creates a record that other lawsuits can point to, especially the findings of fact (alas it wouldn't be binding precedent).
The judicial bias has been extraordinary
no kidding. it's difficult to fathom how hard they are all trying to accommodate the Petulant Proponents
Exactly. To me, the best outcome would be for us to be able to say, we played this process out to the letter. They had a chance in a trial court. They also had a chance to appeal. They couldn't prove harm at trial, and they also couldn't prove standing for appeal. They brought nothing and they had nothing to start with. They were never harmed in the process, and we gave them every chance allowed and required by law for them to prove their case… they can't even complain the process was used against them. And still they had nothing.
I feel the same way, Dave. Although I understand how this ruling may affect couples who are waiting to get married right now, I feel like we need the care and every chance for them to have their "day in court". The less fodder that is provided for them to whine about and garner money later, the better off we will all be, right? Of course, it won't stop them from whining, but perhaps it'll help. That said, I do not believe that this is the reason things are progressing like this; I think it's just how things work.
I feel bad for saying this, honestly, because I am not in a relationship right now and I can't really imagine the anguish some people are feeling. I do, though, have faith in our system and know that with time things will come out right. Maybe we need some of those sit-ins or stuff others are talking about, but we also cannot lose faith in that arc that bends towards justice.
I agree with Sarah and Dave in CA. Were not extending them any 'we got the gays in the corner' moments here…we are working towards preserving the ruling when it does come down. And, unlike some, I do believe marriage in California will be for all, not just heterosexual couples.
Although I don't have a stake in the fight at this juncture because I live in Arizona – and yeah I would love to see this go to the supreme court and become law of the land. This case is about the two couples who cannot get married at this time.
Question for Trish, Kathleen, Ann S…etc (love that we are getting more and more of you all here.) If the window had been opened up the two couples in this case would have had the opportunity to marry…that would have been great for them, but bad for them too – right? If they got married the case would stop and like Ray said, become moot. The end…no more? They got what they were fighting for.
Gonna add my agreement to this one. I'm looking at this as the Ninth giving Prop H8 supporters enough rope to hang themselves.
ABSOLUTELY. This can be used to help pat out the ridiculous "activist judge" wailing. Proceding with obvious non-partiality toward all sides is the way to go. It takes time to make things WELL.
@LLB – I don't know the answer to the question about whether the case becomes moot if plaintiffs marry.
LLB – I don't think the case becomes moot, but it would significantly add to the judicial burdens and would give the court a lot more to sift through. I think plaintiffs want to keep the court focused on what the issue is — the fundamental right to marry — not the technicalities of what to do with a marriage during the appeal process.
NOM complains about Ted Olson "preventing higher courts from reviewing his handiwork."
NOM wails endlessly about "letting the people vote."
When did NOM start favoring transparency? NOM didn't want the people — especially voters — to view the trial that started all of this!
Effing hypocrites….
–"dismissal of the appeal would eliminate the risk associated with bringing these claims before the Supreme Court of the United States."
Does this mean AFER is less confident about their chances with SCOTUS? I know they're just trying to show the positives of all this, but it seems like they've downgraded their expectations.
Can someone cheer me up, lol
I'm not sure it's about losing confidence – it's just calling it what it is. SCOTUS IS a risk, no matter how you look at it.
Gets results for their clients sooner, Bryan.
There's ALWAYS a risk when you appeal to SCOTUS. It's just an acknowledgment of the fact.
Yes….every time you go before a judge or a panel, it's a gamble. Because everyone interprets the law differently….and there's always the chance technicalities will be spotted that no one noticed before. That's another reason most civil cases settle out of court; you might have a really strong case, but it's a roll of the dice as to what the decision will be.
I would love for SCOTUS to make marriage equality the law of the land right now.
It's too bad taking tha case all the way is such a gamble right now. I think in a practical sense, our side will gain credibility and momentum if there is more time before a case goes before SCOTUS.
Think, for example, if CA gets marriage equality, then 7-10 liberal states have used the Prop 8 trial as a template for marriage equality there. It becomes a lot harder for SCOTUS to rul against us if there are, say, 15 states with marriage equality.
I find it funny that NOM used the word "smackdown" in their blog, or wherever it was used. Picture all those older, white people saying that in general conversation… :)
Guess they haven't missed their WWE fix in decades.
I was thinking along the same lines, Richard. Hopefully, NOM et al will be left Monday Night RAW when this is all over with.
They use the word "smackdown" ALL the time over there. The word has actually lost its meaning, so often, and so promiscuously have they trotted it out.
And now they're promiscuous? Call in the Pope!! :)
I remember a few posts back (possibly quite a few) some discussion going on about how there's only a certain window of opportunity to appeal. And that pro-Equality folks didn't have to worry about the election and a new governor who might be more litigiously-minded than Arnold, because the swearing-in would happen in January, long after the window closes.
So, question: With this new court date set for December 6th, is there any chance that newly-elected government officials could monkey with things more in January?
The window for appeal is based on judge walker entering his verdict, which he did last week. If the state chooses not to appeal, that door closes. The state can't come back later and appeal decisions even if the case progresses.
But can the new AG file a late motion to intervene, if H8rs are in the process of the appeal?
also, any thoughts whether plaintiffs can, should, or will appeal the stay to SCOTUS?
I recall a quote, I think Ted Boutrous (but I could be wrong), that the stay isn't a priority from a legal standpoint (from an emotional one, yes it is). So I suspect that the stay won't be further appealed.
Why do you fill me up (fill me up) Buttercup, baby, just to let me down?
Just subscribing.
Now I'm going to wake up singing that song!
Still can't embed. How mortifying. Link.
That's okay. I will send you a PM on FB with what LLB told me that allowed me to finally succeed after the recent changes at YouTube.
And thanks. This song really sort of sums up how BZ and I are feeling right now.
According to Olson, on FNS, 1.5 weeks ago, a successful California ballot was challenged on the federal level. The measure made it legal to discriminate based on race, and property owners could choose not to sell property to African Americans.
Was race a protected class in the federal court system before as that case found it's way to the SCOTUS?
Was a stay granted or denied as that case wended it's way through the court system?
Okay, legal eagles! Does granting this stay set a precident, or is it (ultimately) always judges discretion?
I know that the text of the 9th's decision cites nothing (except the last sentence addressing Article III).
So in the larger scope, can someone now be granted a stay for the most specious of arguments?
Judge Walker imposed his own stay, and whether or not that's typical, I would guess, depends on the issue at hand. But clearly he was anticipating it, and the various motions and arguments around this Emergency Stay by the 9th maintains the status quo, which (smack-me-down) is reasonable if personally disappointing.
It's not exactly parallel, but if you win a lawsuit and are awarded damages, you don't get the check until appeals are exhausted. So let's honker down, and remember that even if people were getting marriage licenses, we still have DOMA to work on and minds to change and govenors to elect and…. on and on.
Olson and Boise will take care of this the best way possible. I have great confidence in that.
Oh lord….I am really getting bug-eyed reading all the accronyms : ) "DI" started to look like "DUI" and now your username "MJF" looks like "MILF"
What's this case doing to me??????????????
I need one of those frozen eye-masks.
There is absolutely no precedent granted by this stay. The judges issued an order with no opinion. There is no way to determine from the order what the judge's relied upon in granting the stay. In order for something to be precedent, there has to be some way to apply it to future cases.
If the 9th Circuit Court of Appeals states that the DI's don't have standing can that ruling be appealed the the Supreme Court?
Yes. Two of the three three Federal cases the D-I's cited regarding the standing issue, were appellate court decisions (rightly decided) appealed up to the Supreme Court, regarding standing or the lack of standing.
Unfortunately, if one actually reads the decisions, they do not support what the h8ters say they do. This appears to be common in politically-charged cases. I don't know why but the loosing lawyers seem to be allowed to lie about what case-law stands for. Very odd.
Why is that everyone else is saying it can't be appealed to the Supreme Court if the DI's don't have any standing?
I have so many wrong words that pop into mind with various abbreviations, accronyms, etc. Now I'm stuck on "DUI" when I see "DI".
Technically, I feel this was a win for us. Didn't Boies and Olson team request one of two things to happen? 1. deny the say, or 2. expedite the appeals process.
They did expedite the appeals process…so we perhaps could say this was a win for us.
I am looking at the glass being half full.
I'm going to look at it that way too.
Yes! Not looking at glasses as half-full brings on awful, premature lines.
Completely OT, but every time I have a bad day/moment/anything I can always watch this video, and the the end, I have always perked up.
What the heck is? :) A dancing horse? Does this really happen? Is this a sport? I love it!
Thank you – I feel better!
This is the dressage event in equestrian. It is an olympic sport.
Hi, Andrew. The Lipizzaners of the Spanish Riding School perform haute ecole dressage … and do amazing grand prix pas des deux, pas des quatres and pas des huites. I have been lucky enough to see them perform once here in San Jose.
This is freestyle dressage (my sport before doctors made me quit due to health issues). And yes, it does look like the horse is dancing, beautifully and effortlessly, when it's done right (and it's much harder than it looks … I remember dismounting one day in tears, informing my coach that I had no business being on horseback ever again, because both my horse and I had been so rank).
Hey Fiona, did you ever make it to the USET in Gladstone? Thats my neck of the woods–was in walking distance back in the 90s, now just a couple towns over. we used to head over to watch competitions and exhibitions
I never did; wish I had. When I was laid off twice in 2006, we decided I couldn't afford my coach anymore — which coincided with my doctors saying that I needed to quit due to health concerns. My saddle and other tack are covered and lovingly stored in the guest bedroom.
In the interim, the academy property at which I studied was seized under imminent domain. Completely by accident, I found that my very favorite school horse was being used for trail rides at the park up the road for us. Earlier this summer, against medical advice, I went up and rode that pretty little mare. I am crying just thinking about it, to tell you the truth. She and I had a very special partnership. I had talked to the man who owns her to arrange the ride; she is very popular with his young students (little kids, learning to ride Western) because she's such a good, patient girl. He could tell that she remembered me.
Lesbians Lobe Boies–the dancing horse may be alright for you, but I find that down-and-dirty-men-on-men broad-band porn brings me out of doldrums. I'm just sayin'
Ah but RJ, for those of us who love horsies, this IS porn. :)
Yep. There's a reason why Winston Churchill said that the outside of a horse is good for the inside of a man.
My son went to Thacher School in Ojai. It was founded on that principle, "as Mr. Thacher was fond of saying, 'something about the outside of a horse that's good for the inside of a boy'—and, now, girl."
So where are the cries of "activist judges"?
lol we don't play their games ; )
He doesn't contest, distinguish, or disagree. He literally ignores their existence.
This is very odd behavior for a judge
The precise rules regarding Constitutional challenges are distinctly esoteric becuse they happen so rarely. Unless you have been through one, especially on the winning side, you are not likely to appreciate the nuances.
If our hardy Plaintiff's had challenged Prop 8 "on its face" they would have first, brought the challenge as a class action on behalf of all others similarly situated. And, they would have not been allowed to introduce evidence regarding how Prop 8 harmed them, in particular, as opposed to all other similarly situated wanna-be married gay and lesbian couples.
This is what the h8ters fail to understand. All of the "binding precident" applies to facial challenges. Here we have an as-applied challenge. Much different thing. The other side of the coin, one might say.
This is why all of the h8ters "ignoring binding precident" whining is no good. There is no precident at all regarding a Federal as-applied challenge, binding or not.
Also, isn't the whole TONE of their mammoth appeal brief weird? Attorneys usually go out of their way to be [i]extraordinarily[/i] respectful when discussing other professionals (judges, lawyers, etc.) in briefs. It's a professional courtesy, among other things. But those attornies are so dismissive and rude about Judge Walker…you know the 9th Circuit judges are reading their foaming-at-the-mouth tone and thinking, "Now THAT'S nice!" They're federal judges…and here ther attorneys are slamming another federal judge??? That's an….unusual tack.
Thanks Ray. That is very handy information. Read it twice so I can use it going forward.
I cried when I heard the news.
Somewhat, I want this for my own family. It would help me and my wife greatly to have legal ambiguities dealt a death blow once and for all.
But that's not why I cried. I see people who just simply love each other being told that this love isn't "real" or that it is wrong. How can love be wrong? When another couple feels the way for their fiance/fiancee that I felt for my wife, when I proposed, when I planned the wedding, and on the day of my wedding, how could people hate? It was the absolute happiest day of my life – celebrating our love with our friends.
Why would anyone not want someone to experience that? How could anyone feel hate when they see two people who truly love each other – who have the very definition of love in their hearts (that is, that they want what is best for the other person, not themself)? Don't people know we need more, not less, love in the world? Love is not the enemy!
I read about the preparations of W. Hollywood for weddings – how joyfully the government workers were trying to make a day when everyone could again marry. They get it. And that brought joy to me. After all, how could anyone not want to participate in bringing a loving couple together in marriage? With all the horrible things happening in the world, this is a bright spot. But now I am sad – sad that they can't participate yet in this joy.
I guess my rambling thoughts only can be summed up this way: our opponents are right. Marriage *IS* important. I will stand with any couple who wants to share their love with the world.
I say to everyone wanting to marry: bask in your love for each other. NOTHING is more important than that, not even the piece of paper from the state. Know that you have friends and allies. Know that the battle will be won. Know that your love can see you through the disappointments. Show the world just how strong your love is. Nothing is more powerful than love. And I will do everything I can to see your love gets the recognition it deserves.
I'll also say that I am overjoyed with the idea that people hold onto love so strongly that, even when the law and the bigots fight us, it still remains strong. I can't imagine a hate that can beat that.
This straight ally will not give up the fight either. Until all of us are free, none of us are.
I understand exactly how you feel. It doesn't affect me legally either, but it affects my friends legally. But it hurts me and my friends emotionally because it is an attack on our being.
Thank you for your support.
Thank you for your lovely post, John. A strange thing for me that's come out of all this (through reading all the transcripts and legal briefs from the plaintiffs) is a new appreciation for marriage, in general. My parents were divorced when I was six and I kind of cooled on the whole idea EARLY…………but the briefs (again, NOT the ones from the Prop H8 people) really made me appreciate the good things about it, and reconsider it for myself.
Does anyone see a path for this case to get to SCOTUS? I'm in a bi-national relationship and DOMA is restricting my partner and I from accessing immigration rights enjoyed by straight married couples. We've been advised not to marry in California or anywhere until DOMA is gone. An appeals court level win would be great for California couples but I had hoped this case with its great case history would get to SCOTUS and win, thereby resulting in DOMA being struck down.
Tom_Tom, are you aware that there is another set of cases challenging part of DOMA directly? They've been won at district court level and are no waiting to see if the Federal Government appeals.
Don't forget UAFA. If you want to be active on gay immigration issues checkout Out4Equality.org and ImmigrationEquality.org. If this legislation passes it would allow for binational couples to be together regardless of DOMA.
If the 9th Circuit Court of Appeals states that the DI's don't have standing can that ruling be appealed the the Supreme Court?
Why is that everyone else is saying it can't be appealed to the Supreme Court if the DI's don't have any standing?
If they are disallowed standing, they can appeal the standing issue to the SC, but they cannot appeal Judge Walker's decision unless the Supremes find they have standing.
It seems unlikely that the SC would find them to have standing, but after today, what do I know?
That really means that no gay marriages for at least another year. Don't get your hopes up everyone……We are in for a long ride.
scribe me, please
Copied over from the last thread because no one really commented on it. And this piece is really freaking me out – someone please, please alleviate my fears:
Originally posted by JT:
Sorry to disagree with an otherwise competent analysis by pgbach. But based on my many years of appellate experience (including the USSC) I doubt seriously that both the 9th and the USSC would have gone to the extraordinary (indeed virtually unprecedented) point of o intervening and overturning Judge Walker not once but twice for his pre-trial conduct. That is highly unusual.
That, together with the USSC's rather stern rebuke of Walker, to me at least, indicates that 5 justices do not hold his handling of this case and his conduct in very high regard. It is a fact that, unfortunately, Walker did engage in some very offensive and eye-popping behavior that to many demonstrated a bias in favor of plaintiffs and a predisposition toward invalidating Prop 8. Don't get excited about the standing issue. Another of Walker's grave mis-steps was his granting San Fran's motion to intervene and denying the motions to intervene of three other municipal movants.
Of course San Fran was for the plaintiffs and the others were not. Walker's reasons for granting one and not the others (where their alliances were so plainly different and apparent to him) are thin at best. Worse still, Walker sat on the motions to intervene until the trial and then denied the motions as part of his ruling. Judges who do that automatically raise eyebrows because it screams bias. Unfortunately for SSM, those denied intervention have a right to appeal the denial of intevention (which they have done.) And the law is clear; if movants denied intervention are found to have been wrongfully denied intervention, the whole thing gets reversed on that basis alone. This is all the more likely given Walker's emphasis on the alleged failure of Prop 8 proponents to put forward this or that witness.
I also strongly disagree that Judge Walker's "factual findings" are bullet proof and insulated from review because the appellate courts are bound by them. They most certainly are not, nor will they give them deference if they find that Judge Walker had no business finding those facts to begin with.
Don't forget, Walker, IMO, did exactly what the appellate court had previously told him he was not to do – delve into the motivations of those who sponsored and voted for Prop 8.
Sorry but I read and reread Walker's decision. It is not scholarly at all but sophomoric and I predict it will be reversed. So prepare youselves.
oh, this guy is blowing smoke up your a**..
he's never been in front of the USSC… first, where in the world does he get that the 9th Circuit rebuked Walker? They did not… the only thing they've allowed is to take under consideration the appeal and consider their standing… no rebuke of Walker…
what 5 justices??? good grief, there was a panel of 3…
don't spend of minute wasting a moment's worth of worry with this guy's words… you've been punked.
Yeah, all of that does sound an awful lot like something Brian Brown would say.
I'm going to have to second that. His analysis seems awfully negative and sweeping. Please post some citations JT. It's like we are not even talking about the same trial.
For example: 'They most certainly are not, nor will they give them deference if they find that Judge Walker had no business finding those facts to begin with.'
What? Why wouldn't they?
and: 'Don't forget, Walker, IMO, did exactly what the appellate court had previously told him he was not to do – delve into the motivations of those who sponsored and voted for Prop 8.'
Could you provide a citation for that JT? What exactly was he supposed to delve into? I don't mean to be argumentative, but you're making statements that don't match with what I've understood about this trial, and I've been following it since it started in Jan.
Maybe I missed all this good stuff because it happened before the trial? Citations please?
"Thirding" it myself…
I'm having a hard time reading what JT is saying and reconciling that with all of the documentation and transcripts that I've been following since Jan as well.
What got me questioning is the bit that read:
"But based on my many years of appellate experience (including the USSC) I doubt seriously that both the 9th and the USSC would have gone to the extraordinary (indeed virtually unprecedented) point of o intervening and overturning Judge Walker not once but twice for his pre-trial conduct. That is highly unusual."
Really? Unprecidented? I dont know if agree with that, but then IANAL. Maybe someone else (Kathrine, Anne S.?) can enlighten me.
Greg in Oz
"That is highly unusual."
Um, not if the subject is gay rights. Perhaps the alleged bias doesn't lie of Judge Walker's side, but on the other.
Did you figure out how to copy and paste that… off the NOM website?
Hi Louis, what are you doing now that you've had to turn in the big pretty h8 bus?
Posting here under the alias of JT, claiming to be a lawyer who has argued cases in front of SCOTUS
One other aspect to think about – assuming at the end of all this the 9th Circuit does indeed uphold Walker's ruling, there is one other potential side benefit:
The H8ers will no longer be able to point fingers and create a cloud of fake PR controversy, crying because "the judges were all gay!"
I don't know where the saying comes from, but I remember it along these lines, and this is why I see playing out the game to the end, and following all the rules, is a good thing and serves us in the end:
"It is of fundamental importance that justice not only should be done, but should clearly and unquestioningly be seen to be done."
Yes. A maxim is, "Avoid misbehavior….and the APPEARANCE of misbehavior." Because the general public is so alarmist and gullible that they fly into a frenzy over the slightest little breath of possible scandal. Better to cover your bases and procede in a thorough, extremely neutral manner.
Nothing in today's "Which Way L.A." about Perry v. Schwarzenegger, but there was last Thursday, when Karen Ocamb was on there. You can listen to that episode by going to http://www.kcrw.com/news/programs/ww/ww100812judge_keeps_same-sex
So, now we are back in the waiting game, and everything we post here, while having the benefit of being mutually supportive, is just speculation (although educated speculation, which I admire and give weight to).
So, here's a purely hypothetical question that has nothing to do, directly with Prop 8 or the trial:
Why aren't there any conservative comedians? Why are all the conservatives so lacking in a sense of humor? It seems to me that if they DID have a sense of humor, Ann Coulter and her ilk would be doing stand-up, instead of pretending to be pundits.
We laugh at ourselves all the time, even if it's sometimes through our tears. Why doesn't the Right ever laugh at themselves?
Honestly, sometimes I think Ann Coulter is a comedian. Not a funny one, of course, but a comedian.
She seems to arrive at some location, drop a few bombs, and end the tirade with 'toodles, darling!', and off she goes.
Ann can't be a commedian. She'd have to thaw to have a sense of humor
Looks like the embed didn't take, here's the link:
For one thing, they wouldn't feel very comfortable on the stand-up circuit, where they would be shunned in close quarters by other professional comics. Maybe some of them gave it a try…and realized they were facing a lonely road?
For the US Constitutional lawyers out there:
Could the 9th hear the appeal on all grounds at the same time and find:
a) that discrimination based on sexual orientation requires strict scutiny; and
b) that Prop 8 fails strict scrutiny as well as rational review); and
c) in any event, that the Prop 8 proponents have no standing?
This would make SCOTUS take the case would it not? You can't possibly have a situation where gays can get married in the western States but not nationwide without rendering full faith and credit meaningless?
Repost from the previous thread
Hey Guys n Gals,
Can I just add my voice to those that are so dissapointed by this further stay of justice.
Like I said in an earlier post though – it's a long road that you guys have already travelled, it's true, and there is a slightly longer way to go…..but hang in there – you HAVE already achieved a lot and I am still confident that the right outcome is going to be handed down in December.
I am coming to San Francisco in September/October and I REALLY want to know if there are going to be any activities going on at that time in relation to Prop 8. This little Aussie wants to lend his voice to your struggle (in my own small way) and so if there was some sort of political activity happening during my stay, I'd dearly love to be there to lend my support! Let me know if anything is going on between the 21st Sept and the 6th October and I'll be there (well apart from Folsom & Castro St fairs – that's why I'm coming over at that time!)!
Lots o' love to all of you
PS. I mean the Str8 Allies to be included in that 'all of you'. I can understand the somewhat snappish exchanges that some in the posts have expressed, but I think that you all basically understand that those comments are not directed at you as such. They are no more than an expression of frustration at the system. You guys especially rock cause I can see the hurt that this is giving you, even though you are not directly affected by this further delay. We wont win until and unless we have the fantastic support that you are giving us, stays there. Presonally, you guys have resotred my 'faith' in humanity!!
Thanks, Aussie! Will let you know if I hear of any exciting events! Your support is much appreciated, and vital : )
Hey CK – that's a 2 way street dont forget!
Again, as I have commented here before, we dont like to admit it too often Down Under – but let's face it – where the USA goes, Australia does tend to follow – not always to the best end I have to say (think Iraq, Afghanistan :-)).
And this is especially true of the West Coast US. The verdict was reported on down here and has fed into our own debate in this country.
So looking forward to coming over (again – for about the 5th time) to beautiful California!!
Greg in Oz
Have you been to the Monterey Penninsula, driven through Big Sur, etc? Such stunning territory! But bring a sweater, it's chilly!
LOL – not as 'chilly' as down here!!! (It's our winter and Melbourne can get REAL cold at this time of the year!!).
Havent done either place you have mentioned.
This trip I'm just doing San Fran and the surrounding areas (any suggestions gratefully accepted!!). Really want to spend as much time in San Fran as I can though, as I've stayed there only briefly in the past and fell instantly in love with the place, so want to experience it more.
Greg in Oz
Don't leave the area without going to Yosemite. Just, don't.
I second what MJFargo says about missing Yosemite. Just don't.
"When there are so many terrible things in the world, what sense does it make to hate on love?"
—A quote from a random person on youtube.
Simple, yet holds so much meaning..
I love this…I wish there was a "like" button…<3…Ronnie
A question for the legal minds, and if it's been a dumb one or has already been answered, I apologise.
In their original 95 page submission to the appeals court, the Prop8 people had a section called "Proponents Have Standing" which appeared to be their case for being given standing to appeal. (I tried to read it but couldn't follow it.)
The court is now specifically asking them to show cause why they should be given standing. Does that mean the Court has found their original argument wanting? Or only relevant to the request for a stay? Or is this simply a procedural thing that they would do anyway?
No, that direction by the 9th Circuit is not standard at all. They're drawing the Prop H8ers' attention to a weak link in their defense, and want it addressed thoroughly.
It amazes me how much assistance the courts give attorneys by shaping the questions up front (like Walker's written inquiries before the final arguments.) It's like when teachers point at the board and say, "This will PROBABLY BE ON THE TEST!"
Having read ProtectMarriage's arguments on the stay, I don't know how they're going to improve their answer before December, even with the Court pointing out they need to work on it–their arguments are pretty frail.
(Good morning) I just read that the Arizona court case cited by the 9th was written by Ginsberg ABOUT a 9th Circuit decision, saying "writers of propositions" can't represent the State if the State refuses to appeal.
MJFargo, the Arizona case had one plaintiff, a woman who worked for the state and wanted to contest the proposition, which required her to speak only English on the job. She won at district court and (I think) at the 9th Circuit, but before the case went up to the SCOTUS she quit her job for other reasons. The case was therefore moot, but the SCOTUS opinion nevertheless goes through something of an analysis of whether the proponents alone had Article III standing to bring an appeal (the state of AZ no longer wanted to) and said they had "grave doubts" about whether they had standing.
Forced to read the decision myself :) it seems clear that there is a huge issue for the proponents to overcome.
From the ruling in the Arizona case: "The insurmountable hurdle was Article III standing. The labor and resources AOE spent to promote the ballot initiative did not suffice to establish standing to sue or defend in a federal tribunal, the District Court held. Id., at 414-415. Nor did Park or any other AOE member qualify for party status, the District Court ruled, for the interests of voters who favored the initiative were too general to meet traditional standing criteria. Id., at 415."
Now, for a little personal opinion . . . the news is that the two couples have decided NOT to take this to the Supreme Court. How much do you wish to wager that they were bought off or lives were threatened because if it became publicly known that the Supreme Court is biased, and their power (let alone respectability) might be otherwise compromised.
SottoVoce, where have you heard this news about the two couples?
The Plaintiffs have decided not to appeal the 3-judge panel's extension of Judge Walker's stay, nothing more.
Your comments are merely speculation that have no basis in fact. You ignore the brilliance of Bois and Olsen and their extensive experience at the appellant court level.
Like I have said above it will most likely be a year until we are able to marry. Don't count on marrying in December.
Getting marriage equality is not easy! Fight for Equality, be positive, there are always bumps in the road to the final destination………………. EQUALITY
My heart goes out to all those couples who were waiting to marry this week. As painful as it is for them and for equality, in general, we have to remember that we are on the correct side of history.
[…] last night's thread, Eden posted some thoughts from UPenn law professor Tobias Wolff: A victory in this appeal on the […]
Frankly, it would have been a lot smarter for the State to elect to defend, and deliberately do as lousy a job of it as the defendant-intervenors did. That way, the case would have been clearly settled on its merits, and the state would have been firmly in control of whether or not to go forward with the appeal. This whole issue of standing, with Party C demanding the right to appeal on the behalf of Party A who doesn't even want to appeal, would be moot.
I can't tell whether it is the State's strategy to send it to the Supreme Court, but that sure looks like where their choices will land it.
The governor and attorney general can't be in colussion to "throw" a case like that….it goes against their professional vows.
We leave unethical conspiracy like that to the other side.
Obviously I'm not a lawyer, but how is electing not to defend not "throwing" the case?
It's the difference between not stepping into the ring and stepping into the ring with the intent to fight poorly.
I can see that there is some finger pointing at AFER and some at the plaintiffs for "letting this happen". I've filed a suit against a city and county government for violations of 42USC1983. It is not easy, and needs to be litigated correctly. Olson and Boies is one of the best appellate litigation attorneys you can have on your side.
Folks, the group is called "AMERICAN Foundation for Equal Rights", not "CALIFORNIA Foundation for Equal Rights". Do you really think they're going to rest on their laurels after Perry is won in district court and can't be appealed based on standing? I'll bet decent money that they're scoping out potential plaintiffs in OR, WA, NV, and WI.
Here's a criticism by Ed Meese of Judge Walker's opinion. Is there anything here that has merit?
One question I have and haven't seen answered as of yet. In the opening brief (8/17) the H8 team need to address Article III about their standing, would the CC9 address this when the opening brief is filed and possibly rule down their standing to appeal or would this play out until December? In theory, could we be ready to start marriages again in SF (my partner and I were extremely saddened yesterday by the news) as early as the end of next month?
Brandon in SF
@Brandon, my best advice is not to get your hopes up too soon. It is very unlikely there will be any ruling before December, and then they might extend the stay throughout the appeal at the 9th Circuit.
But my question relates more to the standing. The h8 team needs to file a brief why they have article III standing, that is their first (and biggest IMO) hurdle right now. If during the opening brief their brief is tossed, the appeal would have no merit for standing and this is over, right? I guess I am confused about the standing opening brief on 8/17 and what the timetable is for a ruling on that.
Brandon in SF
@Brandon, it is very unlikely they would toss it after only the first of the three briefs called for. If the 9th Circuit denies the proponents have standing, the proponents will appeal that ruling to the Supreme Court. This could take a while, to put it mildly.
Thanks Ann :)
So saddened by all of this.
My partner of five years and I had an appointment at the courthouse on Monday morning to finally get legally married in CA. But we are moving away the next day so Monday was our last chance… While I hope for a good outcome in December, the results will come too late for us…
You may get to declare your love everywhere – including where you live – if the SOCUS rules our way. Have hope!
Why is it said that Jerry Jones is not appealing. He is the named defendant right? Shouldnt Olsen Boies side appeal? I am sure this has been answered here as it was the first post, but taking a moment at work and not seeing the answer readily.
Regarding NOM's rhetorical question, "Here's the question for today: If anti-Prop 8 lawyer Ted Olson is so convinced that after his vaunted trial the voters of California have no case–why is he now trying to prevent higher courts from reviewing his handiwork?"
…. first I'll give the cynical (and very short) answer to that. Oslon and Boies are highly competent attorneys with abilities that normally command huge salaries/fees. They are foregoing a lot of business by taking on this case. Ending it quickly is in their self-interest. (Note to Olson and Boies: please take this as a purposely outrageous, backhanded compliment .)
Now the pragmatic answer: risk mitigation. In spite of the facts, there is a risk that the Supreme Court will rule in favor of the defense due to its conservative bias (the result of appointments by Republican presidents), and many decisions are very close – 5-4 or 4-5. It's safer to get a limited win by showing that the defense has no right to appeal given that the actual defendant (the state government of California) accepts Judge Walker's ruling. While limited in the sense that no nationwide-precedent would be set, Judge Walker's ruling will have nationwide influence as other jurists make use of it based on its merits, the result of Judge Walker and those on our side doing a wonderful job during the trial.
You know they're being paid by AFER, right? I don't know if they're getting their full fees, but this isn't a pro bono case.
How about the fact that they have a professional responsibility to their clients? They're prepared to appeal to higher courts, if necessary. But if this stops right here, they've won the case for their clients. The Proponents know that; this is just more deceptive spin.
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(S.D.)- SDSU Women Win 8th Summit League Tourney Title In 10 Years
By: Jeremy Anderson Posted at: 03/06/2018 02:48 PMSIOUX FALLS, S.D. (AP) - Summit League player of the year Macy Miller had 16 points, 11 rebounds, four assists and three steals and South Dakota State snapped rival South Dakota's 20-game winning streak with a 65-50 victory on Tuesday for its eighth automatic NCAA Tournament bid in 10 seasons.
SDSU lost both regular-season matchups this season by six points or fewer but remained undefeated against South Dakota in the Summit championship game at 4-0.
Ellie Thompson added 14 points and Tagyn Larson chipped in with 13 for South Dakoka State (26-6).
South Dakota (26-6) was the second team in Summit League history to go undefeated in conference play - the first in 24 years.
Ciara Duffy led the Coyotes with 12 points. Jaycee Bradley, who tied a tournament record with seven 3-pointers in a 51-point quarterfinal victory over Fort Wayne, was held to six points as South Dakota was just 6 of 30 from 3-point range.

subset: commoncrawl


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Living your life under some form of bullshit prophecies in the end more often than none only makes you look like nothing more than a hypocrite. I sometimes wonder how it feels to be a constant part of a mass conformity? I am not perfect but at least I can say I am not a drone. Eloquent words may be convincing but didn't your mother ever tell you not to believe everything you hear?
An intellectual revolution should be in higher demand. Knowledge is power, with the wealth of information available to us it's shocking how few take advantage. Open your mind, do something that scares you everyday and live life beyond the confines of someone else's boundaries. Challenge the status quo, what is there to lose? Being honest to yourself should be the most important commitment each individual strives to maintain. Easier said than done? Self pessimism is just what everyone against you thrives on.
Don't let the easy routes seduce you.


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Gergiev makes artistic appearance
So last night, I went to an art show at a friend's house. One exhibit, entitled "Lesser Homes and Gardens" and featuring saran wrap and dirty kitchen, included numerous typed passages fastened to the aforementioned plastic wrap. One passage read: "Gergiev wuz here." Very mysterious. Perhaps my little cat is part of an enormous conspiracy to create art.


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Hoxtown Fashion Series: Henry Holland x Nick Grimshaw
For episode #4 of our Hoxtown Fashion Series sponsored by Ciroc, we've got two boys in at The Hoxton, Holborn who really need no introduction: Henry Holland and Nick Grimshaw.
Catapulted into the fashion limelight in 2006 with his cheeky 'fashion groupies' slogan tees featuring catchphrases such as 'Uhu Gareth Pugh' and Get Your Freak On Giles Deacon', Henry Holland's brand House of Holland is now in its 13th season, firmly established in the international fashion arena. Henry designs with a London aesthetic in mind: she's cool, confident and savvy - sounds like our kinda lady!
Quizzing Henry on the hot seat will be longtime friend and man behind the voice we all know and love, Nick Grimshaw. Alongside his eponymous BBC Radio 1 broadcasting duties, Nick (or Grimmy) is an Ambassador for London Collections Men as well as the Royal Academy of Arts.
Join the boys for laughs, answers and cocktails!


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"This call will be recorded for training purposes."
This morning I woke up to find the back window of my car had been smashed in. Everything in my car had been rifled through, yet strangely nothing had been stolen. Apparently a choral score of "Messiah" and my Melways, does not rate highly enough. So, now I await a glass repairman hopefully sometime before today's forecast thunderstorm and showers.
Despite this, levity surrounds me after an encounter last night between the flatmate and a telephone sales person. He was rung by some representative trying to sell life insurance. I am terrible at trying to get rid of phone sales people. Only last week was I accosted by someone trying to raise money for the "cure for Diabetes, which is *really* close". Her begging tone was more than a little pathetic, and being diabetic, I have heard the stories of a cure "just around the corner" for about 10 years now. But, I paid up some money, almost in an effort to get her off the phone.
No such easy way out for the flatmate. The sales representative delivered their well rehearsed spiel, probably outlining the ways in which life insurance will be of benefit to him and his loved ones. His response was simple and direct. He replied, without a trace of irony, "I have seen a psychic recently, and she said I am going to live for a really long time. So I don't need insurance." The sales person quickly hung up the call, to the flatmate's smug satisfaction, and my unceasing surprise.
Clearly I need to work on my people skills.
Wednesday, October 26, 2005
2 comments:
- Toph said...
He is very clever :)
- 21:18
- Occidentally said...
I would find it almost insulting to have my car broken into and nothing stolen. "Whatsa matter? My stuff isn't good enough for you? You already have a copy of Tony Orlando and Dawn's Greatest Hits on 8-track tape?"
As for unsolicited sales calls, I like Seinfeld's handling of the matter (not verbatim, but you get the idea): "I'm a bit tied up right now. Give me your home number and I'll get back to you later... Oh. You can't give out your home number? You don't like to get calls at home at night? Well, neither do I!"
- 08:15
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A writer recently expressed confusion over the unprofessional and unethical conduct she saw by management at a number of jobs she'd had and asks why employees should be expected to act otherwise. "Either management doesn't realize or perhaps chooses to ignore how their conduct and attitude affects employees," she says.
She gave three examples:
Company No. 1: A female manager told a younger, recent hire that he could not be called "Bob" because that was her ex-husband's name and she refused to hear it spoken in her department. She wrote a memo announcing his arrival and called him "Rob."


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Image courtesy cmcgough via Flickr.
.I'm not big on New Year's resolutions, but I've always been pretty serious about planning my summer reading. Or, at least, I'm serious enough to take the time to compose a list of books I want/need/ought to read—whether or not I actually get around to reading them is another story. I've always thought of summer as my chance to make up for all the times that I could have been reading but wasn't, a golden opportunity to fill in those gaps in my literary knowledge. Frankly, there are only so many times that I can pretend to have read Pride and Prejudice and A Tale of Two Cities before someone finds me out.
Since it's almost the beginning of May, and since spring semester is over in about two weeks, I figured I should start thinking seriously about this year's summer reading list…and maybe look back on the list that I made last year in order to see what I could do differently.
Last year, I was ambitious. I chose 12 books (plus substitutes) and even made a schedule. I stuck to this schedule for exactly seven weeks, during which time I read A Confederacy of Dunces, four short novels by Marguerite Duras (The Square, Moderato Cantabile, Ten-thirty on a Summer Night, and The Afternoon of Mr. Andesmas) and As I Lay Dying. I was doing pretty well, but for whatever reason, it didn't stick. Instead of Umberto Eco's The Name of the Rose, I was reading Stephenie Meyer's The Short Second Life of Bree Tanner. After that, there was no going back.
I guess the problem with summer reading is that you inevitably end up choosing a book or two that makes sense at the beach. Sure, I'd like to eventually read Infinite Jest, but it's pretty tough getting sand out of more than a thousand pages. It's just safer to stick with short, easy, inconsequential works of mediocrity, you know? And if I had to think too hard, I might forget about other things, like applying sunscreen. If I had stuck to my list of David Foster Wallace and Toni Morrison and Virginia Woolf, I could have easily gotten burnt out and burnt up.
So, it seems, I always succumb—at least after a while—to that whole "summer is a time to relax" mentality. I defend my choices in various ways: it's "research," I've already exceeded the recommended yearly allowance for great works of literature, someone lent me this and I need to give it back…. Mostly though, I think I'm just not a serious enough student to spend a whole summer with Soren Kierkegaard, Joseph Conrad, and Vladimir Nabokov. (Except in my screenplay, in which we all rent a beach house together. Spoiler alert: hilarity and hijinks ensue!) Even my brilliant plan to present my reading list in syllabus form wasn't enough to keep me on task. I decided that from July 25-31 I wanted to read what I felt like—to Hell with you, Appointment in Samarra, even if I'd probably like you under normal circumstances.
So, anyway, this year, I am just compiling a list of some books I would like to read. Period. No schedule. No debate over literary merit. Maybe I won't even set myself a goal of how many books to read.
Tentatively, my summer reading list is shaping up as follows:
- Vanity Fair — William Thackeray
- The Lovers — Vendela Vida
- Bossypants — Tina Fey
- Swamplandia! — Karen Russell
- Sense & Sensibility — Jane Austen
- The House of the Seven Gables — Nathaniel Hawthorne
- Super Sad True Love Story — Gary Shteyngart
A total mix of new and old, light and serious. I don't even have a reason for choosing them, other than that they all looked interesting. If I read them, that's great, but if I don't, oh well. I'm trying something new, easing up on the summer reading madness this year. Ultimately, I just want a list to take with me to the library, a guide so that I end up choosing books I've been wanting to read, rather than whatever I find. Yes, this probably means another year of not reading Ulysses, but I'm okay with that. You know that most of the people who claim to have read it have only read that one chapter anyway.


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So already in the short general election campaign it's gaffes all round.
There was the UKIP candidate, Paul Wiffen, who was apparently so enraged at a suggestion that UKIP were racist, he went on a rant that was a bit, umm, racist. Bit of an own goal there, like rioting violently because you've been called them violent. It's a shame that the perfectly reasonable cause of EU-scepticism gets tarred with the racist brush, and fools like this do the cause no favours.
There was, of course the suggestion from Tory shadow home secretary Chris Grayling that B&Bs should be treated as a business in someone's home and therefore exempt from certain equality legislation. Followed by faux outrage about 'exposing the true Conservative party'.
Now Labour have had to sack a candidate in Scotland for Twitter comments (I really don't get Twitter still, but that might have to be another post). This included a joke about slavery.
Now what's the betting if it had been a Tory candidate joking about slavery we'd see a string of Guardian articles about how this 'exposes the racist underbelly of the Conservative Party'. But as it's Labour and doesn't fit the narrative it's simply a 'twitter row'.
Still the bigger picture is that we've got to stop getting worked up about 'gaffes'. I'm much more worried by identikit politicians who just do what the whips tell them and serve no real purpose. I'm willing to accept a few people making careless comments, even racist idiots, and to let the people decide, than the bland on message lies and repeats of meaningless slogans we're used to.


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Halt Toxic Dumping in Our Oceans…
Halt Toxic Dumping in Our Oceans….
The U.S.Navy has been using our oceans as a staging ground for target practice for more than 30 years — often leaching highly toxic and cancer-causing chemicals into the sea. This practice, known as SINKEX, is currently exempt from laws that protect marine life from dangerous substances. Click the link above to learn more.


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PoliceTraining.net Training Calendar
Published in Law and Order, Aug 2006
If the woman was holding a gun then lethal force should've been the option not the Taser. Did you read the whole article?
a woman holdign a gun was ruled at a suicide afterf a officerf tased her holding a gun...how do u kno this wasnt on accident bc cof the uncongtrollable spams from being tazed? non lethal my @$$!
Click to enlarge images.


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I have been bombarded with lots of questions from my friends since I left my past behind, everyone thinks that when you turn to religion life becomes boring… All good Muslims do is fight, say this is forbidden and that is forbidden. One of my friends asked me what is your idea of Romance since you started to take your religion seriously. I told him nothing much has changed since I chose the path I am on, its just that few changes here and there sort out everything for me…. Then I had to give him an example to make him understand few things and I thought of sharing it with you all…..
13 March, 2007
Romance and Islam
Posted by Fahad at 12:24 pm
2 comments:
- azucenamaryam said...
The Prophet Mohamed Sa Allahu alayhi wa salaam was the most romantic man in all of history.
- 13 March, 2007 23:58
- B.D. said...
to each his own
- 15 March, 2007 09:24
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Question about Rosewill R900J 19" Flat Panel LCD Monitor
Posted by lenny563 on
Caps in the power supply will be the first suspect.
Most common failures in the LCD monitors are bad capacitors (bulging top/seal or leaking) in the power supply, blown fuses, poor solder joints, failed inverter circuits (blown fuse, shorted transistors, shorted/open transformers), bad lamps (poor solder connections or worn out lamps). You will need to open it up and inspect the inside, see example of failed monitors to get some ideas what to look for: http://s807.photobucket.com/home/budm/allalbums
Post back what you see inside so we can guide you further and it will help out other people in the future also.
Posted on Jun 04, 2010
SOURCE: I have freestanding Series 8 dishwasher. Lately during the filling cycle water hammer is occurring. How can this be resolved
Hi there,
Save hours of searching online or wasting money on unnecessary repairs by talking to a 6YA Expert who can help you resolve this issue over the phone in a minute or two.
Best thing about this new service is that you are never placed on hold and get to talk to real repairmen in the US.
Here's a link to this great service
Good luck!
Posted on Jan 02, 2017
Tips for a great answer:
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Have you checked the computer bios?
In case an item was changed in the BIOS, such as the primary display device setting, use the following steps to reset the BIOS back to its default configuration:
Reseating loose internal componentsIf the PC case was recently serviced or moved, a card, cable, memory module, or processor may have become loose. When this happens, the PC might make a beeping sound when turned on. Use the following steps to check for loose components: WARNING: The edges of metal panels can cut skin. Be careful not to slide skin along any interior metal edge of the computer. CAUTION: This product contains components that can be damaged by electrostatic discharge (ESD). To reduce the chance of ESD damage, work over a non-carpeted floor, use a static dissipative work surface (like a conductive foam pad), and wear an ESD wrist strap connected to a grounded surface.
Try this and if it doesnt work. please post again.
Oct 21, 2007 | HP Compaq FP5315 15" LCD Monitor
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Washington DC's Keegan Theatre presents the Tony Award winning Duncan Sheik and Steven Sater musical Spring Awakening at the Church Street Theater. Read the Playbill.com story.
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For anyone who doesn't immediately understand that title and anyone who does and needs refreshing I refer you to this video.
The first ten seconds alone remind you immediately of an obnoxious prepubescent child who thinks he's on top of the world because he's discovered his first pube. How this could possibly make it into a professional music video is beyond me but here it is. Justin Beiber's one time is a strange concept in itself; the very fact that this child's voice will break in about a year and render his career over before it's even started makes this even more ridiculous. In fact let me run down a list of the things that are wrong with this video.
1. Usher comes across as an almighty paedophile; ringing up the small child whilst playing a video game he obviously thinks he's pro at with his massively gormless also small child friend and inviting him to 'hold down his house until he gets back'.
2. The child is obviously an emo; the fringe is there, the false vision of everyone in the world thinking he's awesome, the skateboard he obviously can't actually use and the hoodie that shows off his fringe as if it were his actual forehead. The very fact that Usher knows this child is wrong; never mind that he's using words like 'homie', 'yo' and other such words reserved for Dr.Dre, Snoop Dogg and people who actually make good urban music. Not to mention that he's making an R'n'B song. That's just bloody weird. Further proof that he is an emo comes when he describes his dream girl as being 'so deep' which is the emo equivalent of 'hello darlin'.
3. The minute the child gets the paedo call from paedo Usher him and his mate get out their iphones (by the way, what twelve year old has a bloody iphone?) and proceed to invite hundreds of twenty year olds (who obviously should be very confused as to how some obnoxious child has got their number, they probably won't like him either because he's an emo child and everyone hates them, especially rich ones) to their party in the paedo house.
4. Throughout the video the child tries and succeeds to pull what must be at least an 18 year old and succeeds; there's something very wrong with that picture. Never mind the police stopping the party, they should be taking her and Usher away and banning them from going near local schools.
5. At the end Usher returns and is completely k with the whole thing. What the hell? There was enough room left in the video to show him slap the kid and get everyone arrested for trespassing but no, he encourages him to carry on with the delusion of gradeur; probably because he is a paedo in his own right and afterwards if the kid's drunk enough he's looking to score.
6. Adding to a previous point; no white non-rapper is allowed to say homie and be taken seriously; it's almost as prominent to the black community as the n word. I'm still searching for the scene where a gang from Compton come down the road and pull their shotguns on him but I guess that'd have to be aired after nine o'clock along with his funeral. Which of course only Usher would be attending.
Maybe next time I'll be talking about how good a song is?


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Well Chicago was quite simply amazing. Everyone raves about New York (and with good reason!) but Chicago is really up there in terms of a great city.
On arrival we dashed from the B&B over to a bar showing the final premiership games….. As usual the sports bar was packed with Man Utd – Pseudo Fans (have any of these people ever been to Manchester?). I managed to get through the whole Man Utd winning the league experience without mentioning a plane crash or noting the semblance of Rooney to Shrek. I still feel proud of myself.
We both looked on with disbelief & joy as Boro totted up 8-1 score line against poor Sven. Me thinks a new manger is on the cards.
The rest of the day was spent preparing for Crowded House – only the 4th time J's seen them since they reformed last year…not quite stalking by your standards Bex, but up there…! They were playing in an intimate venue called the Vic Theater and we got there in good time to get to the front by the barrier. Highlights were Private Universe and singing along to Don't dream it's over & Weather with you. As they were less than a 1000 people in the audience it was a great atmosphere and the band were on good bantering form. After the 2 and half set J enquired about a set list from the underused security guy - he was no use, so I requested one from the roadie on stage: "Excuse me mate, Can I have a set list?" This came out as a cross between a Kiwi / Oz / Barrow boy accent, but we were obviously talking the same language as it seemed to do the job! Result – one happy wife!
The next day was spent exploring Chicago, and whilst perusing our map to work out the best way home we were accosted by a man who said "Follow me, I'm going that way" and off he sped with us behind him. Once we'd put aside the natural British tendency to consider any stranger that talks to you a potential killer, we discovered we'd found Doug, our temporary Chicago tour guide & American commentator. Doug, if you are reading this, thanks for helping us out and keep in touch!
Ray's B&B was amazing and in a great location. On the street corner was a pub called the Corner (you don't have to be creative here!), where we popped in for one on the way to get some food, realised the pints of Miller Lite were $1.50 and the pub had an ATM, and that we were in trouble! We then proceeded to spend the remainder of our Chicago budget drinking Miller Lite and asking the guys and the dog at the bar various inane questions about the rules of American sports (the dog wasn't much help). To their credit they guys didn't once call us stupid English, though they may have thought it!
Chicago was the 1st place we felt sad we hadn't had enough in, and it goes on the top 5 of desirable places to live. In honour of High Fidelity here are the top 5 so far (in no particular order!):
New York
Athens GA
Now in Minneapolis so blog will follow …
Ps: Thank to all those who voted on the question of Debbie and Doyle - New poll will follow shortly - I think you'll like it!
Thursday, 15 May 2008
Chicago – Top 5
Posted by Andy & Janine Smith at 10:44
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People Are Intentionally Sunburning Designs Into Their Skin
Summer is here, and with that, some people are rushing to the beach in order to participate in the latest new trend: sunburning designs into their skin.
The hashtag #sunburntart has become a thing now, and some people are actually participating. In order to do this, and please don't, people apply sunscreen to certain areas, and then just let the unprotected skin burn in order to create the design of their choice. Because if you're going to get skin cancer, at least do it in style.
Of course experts and dermatologists everywhere are warning people of this stupid new trend.
"It's really obvious that sunburn does two things to you: it gives you lines and freckles and wrinkles and it also causes skin cancer especially melanoma," Dr Barney Kenet told ABC News.
"Then there's the motivation for getting a good burn. The practice is tempting them to burn even worse."
Another dermatologist, Dr. Alster, also chimed in stating "A sunburn is worse than a tan, but any time you're in contact with ultraviolet light, you're damaging your skin."
These are facts that everyone knows, or at least should know, so it's scary to see adults participating in this when there are thousands of people suffering from long term consequences because of the sun.
Drown yourself in self-tanning products if you want some color on your skin instead. Check out some more of the #sunburntart designs here
Via Metro


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Photo Gallery
[Update 6:30 p.m.] All lanes of Patterson Avenue are now open.
[Prior story 9:59 a.m.]
WINSTON-SALEM, N.C. — The Winston-Salem Police Department and the Winston-Salem Fire Department are on the scene of a wreck at 25th Street and Patterson Avenue.
According to the Winston-Salem Police Department, a milk tanker hit a parked car and a utility pole around 4:30 a.m.
The tanker is from Mountain Milk and was headed to the Dairy Fresh plant, less than a mile from where the wreck happened, according to the Winston-Salem Fire Department.
The milk from the tanker is leaking out onto the road.
Another milk tanker is on the way, but it will take two hours to get to the scene. When it arrives, the milk will be transferred to the new truck and then crews will move the overturned tanker.
The driver of the milk tanker was taken to Baptist Hospital for treatment to non-life-threatening injuries. Two other people, who were in the car that the tanker hit, were taken to the hospital with non-life-threatening injuries as well.
City emergency management was called to help with the cleanup. Duke Energy said it will take several hours to replace the utility pole.
The 2500 block of Patterson Avenue will be closed for approximately three hours.


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Modern Slavery: Revisiting the Issues
Leaders check progress after a year
A year ago, key leaders from the church, police and council in Derby met to discuss how to tackle the issues surrounding modern slavery. A year on, they have again come together to look at progress.
Speakers at this year's event, held at St. Peter's in the City, included representatives from Derbyshire charities 'Restore' and 'Safe and Sound' as well as national experts from 'Stop the Traffick' and 'UK Feminista'.
Together they took an in-depth look at modern slavery and the work taking place to stop it.
The Bishop of Derby, The Rt Revd Dr Alastair Redfern said, "The crime of modern slavery is becoming more widespread across the world – and is developing in our own City and County. The key to a successful response depends upon intelligence, effective support for victims and a coordinated response from the police, other statutory agencies, and those of us in the voluntary sector that can provide vital extra resourcing. 'Tacking Modern Slavery: One Year On' represents an important stage on this journey."
The event saw the launch of a new, pocket-sized card that will help people spot the signs of potential trafficking. The card was designed in partnership between the diocese and Derby City Council and was distributed on the day.
To find out more about what is going on, visit www.derby.anglican.org/en/news/human-trafficking.html or contact the Diocese on 01332 388650.
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Latest Headlines
Derbyshire Church MagazineCurrent Issue: 199, Mid June 2018
DI Harry Dick, Derbyshire Police, Rt Revd Alistair Redfern, Bishop of Derby, and Revd Canon Paul Morris, St. Peter's in the City, with the new cards to help spot the signs of trafficking
(Source: Diocese of Derby: www.derby.anglican.org)


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Front BackNovember 10, 2012 at 9:15 pm | Posted in Event Review, Exhibition Review, Show Review | Leave a comment
Tags: Alex Barton, Blow, College of Creative Arts, Creative Arts Festival, Designers, Fashion Show, Fashion Students, Massey University
The opening event of the 2012 Blow Creative Arts Festival – put on by Massey University's College of Creative Arts – included an innovative fashion show exhibiting 13 graduating designers: Front Back let people see the clothes on the catwalk and up close, and see behind the scenes.
The venue and staging subtly co-opted the audience into taking part – for me this will be the closest I will ever get to being behind the scenes of a fashion show.
The show combined live action with screen projection: the fashion show was projected against an entire wall of the venue. The venue itself was arranged with a long island (perpendicular to the screen), of clothes rack, designers, models, hair and make-up people, a steam iron, and generally real fashion show items. These combined with the stark clean white bare surrounds created a very effective 'set'.
The audience was able to circulate around the island – looking at the 'behind the scenes' activity, get a close look at the clothes, and/or look at the screen – take photos etc.
The cast of designers, models, etc played themselves. Of course the clothes were the actual ones designed and made by the designers – also quite elegantly dressed. It was all very glamourous.
A model would walk through a door and appear on the screen. At first, it looked like the model was just in another room – relayed by a camera. But then the clothes changed magically on the model, on the screen. This avoided the models having to actually change clothes in front of the audience. Then the model, on screen, would walk back through 'the door' into the set.
The clothes were beautiful, and I wish the designers all the best.
Well done Alex Barton for the concept and a great production.
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text: Breadcrumb Home > Thesaurus Cite Synonyms of salvation army Find synonyms for: Noun1. Salvation Army, nongovernmental organization, NGOusage: a charitable and religious organization to evangelize and to care for the poor and homelessWordNet 3.0 Copyright © 2006 by Princeton University. All rights reserved. Related Content Daily Word Quiz: caesura Analogy of the Day: Today's Analogy Spelling Bee: Today's Spelling Bee Frequently Misspelled Words Frequently Mispronounced Words Easily Confused Words Writing & Language Synonyms Index