Monday, August 16, 2010

Elephant in the Room


Talk about an elephant in the room.

This week, along with handling the California same-sex marriage stay appeal, the Ninth Circuit is holding its Judicial Conference in Maui.  Speaking on Thursday . . . Justice Anthony Kennedy, widely recognized as the swing vote on a potential same-sex marriage case before the Supreme Court.

To make matters even more interesting, the stay on same-sex marriage will expire this Wednesday at 5pm.  Presumably, the Ninth Circuit will rule by then, followed, under at least one scenario, by a stay appeal to the Supreme Court.  Addressed to the justice assigned to the Ninth Circuit . . . Justice Anthony Kennedy, the Thursday speaker.

Thanks to The Atlantic for the tip on Kennedy's attendance.