Sunday, August 23, 2009

Differences on how Perry case should proceed among not just plaintiffs and defendants, but among these parties and parties not allowed to intervene

I have just updated my selective compilation of filings in Perry v. Schwarzenneger, the federal lawsuit in which plaintiff same-sex couples seek to overturn Prop. 8. As readers of this site know, I have described substantive differences between plaintiffs and would-be plaintiffs, and between defendants and would-be defendants. (See my posts under "Affaire de AFER." ) While Judge Walker denied the proposed plaintiffs and proposed defendants opportunity to intervene, their case management statements are likely to underscore the differences in question. And these "factional" differences, I think, may also affect the course and outcome of the case, because by denying motions to intervene of the additional parties, Judge Walker may have closed the door on alternative ideas of specific claims in the case and priorities for evidence in the factual record. I form no conclusion yet on whether he has done so. I expect to post again on this subject when I've had opportunity to read the documents.

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