February 16, 2011

Supreme Court will answer Ninth Circuit’s Prop. 8 question

The Supreme Court today unanimously agreed to answer the Ninth Circuit’s question about the standing — under California law — of ballot initiative proponents to defend their initiative in court.

The court has set a fast briefing schedule “to facilitate expedited consideration and resolution of the issues presented, and to accommodate oral argument in this matter as early as September, 2011.” The opening brief (to be filed by the Prop. 8 proponents) is due March 14, the answer briefs are to be filed by April 4, the reply brief deadline is April 18, amicus curiae briefs must be submitted by May 2, and replies to all amicus briefs are due May 9. The court added that it “does not contemplate any extension of the above deadlines.”

UPDATE: The Supreme Court’s order is here.

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