Assoc. Dean Amar Comments on Ninth Circuit Prop. 8 Review for KPCC, Los Angeles Times, Daily Journal
Vikram Amar, Associate Dean and Professor of Law at UC Davis School of Law, commented for media including the Los Angeles Times, Southern California Public Radio station KPCC, and the Daily Journal on the request by proponents of California's Proposition 8 for the U.S. Court of Appeals for the Ninth Circuit to review its decision striking down the same-sex marriage ban. The initiative sponsors have chosen to seek en banc review from the Ninth Circuit rather than petition the U.S. Supreme Court, where many believe the case ultimately will be decided.
In an interview with KPCC, Amar says Prop 8 supporters have little to lose in seeking a Ninth Circuit review. "The proponents of Prop. 8 could reasonably say to themselves, ‘Let's take a shot at the Ninth Circuit. If we win there, then we win. If we lose there, we can go back to the [U.S.] Supreme Court. So we're really no worse off and we get two bites rather than one bite at the apple. We have two places we could win.'"
The potential drawback to this strategy, Amar pointed out, is that over time, more states may pass laws allowing same-sex marriage, which could influence the Supreme Court. "Time is probably not on the side of Prop. 8 proponents," he said. "The later the Supreme Court reviews the case, the higher the chances are that the Supreme Court would embrace the plaintiffs' claims of a right to same-sex marriage."
Whether or not the Ninth Circuit will grant review is difficult to predict, Amar told the Los Angeles Times. "I think there will be a lot of memos flying back and forth, and I wouldn't be surprised if it came out either way," he said.
Vikram Amar, Associate Dean of Academic Affairs and Professor of Law with the UC Davis School of Law, is a national authority in the fields of constitutional law, civil procedure, criminal procedure, and remedies. His biweekly column for Justia.com, a leading provider of online legal information, centers on his expertise in constitutional law.