Legal Commentary

Justice Kennedy Stays Order Allowing Prop 8 Streaming Video Coverage

By Jeralyn

Update: AP news article here. This just in (via e-mail, no link, from the folks at Protect Marriage, who moved to block the video streaming):

Just minutes ago, U.S. Supreme Court Associate Justice Anthony Kennedy stayed the order of Judge Vaughn Walker that would have allowed for streaming video in the case challenging Proposition 8, Perry v Schwarzenegger. Walker previously had agreed to provide a video stream of the trial on a daily basis through YouTube. The Perry case would have been the first trial ever in the Ninth Circuit where cameras had been allowed in the courtroom. ProtectMarriage.com vigorously fought Walker’s order by appealing to the Ninth Circuit Court of Appeals and then filing an emergency appeal with Justice Kennedy.

The stay order is in effect until Wednesday, January 13th at 4:00pm eastern time to permit the Supreme Court time for further consideration. The full text of the order is below: [More...]

Upon consideration of the application for stay presented to Justice Kennedy and by him referred to the Court, it is ordered that the order of the United States District Court for the Northern District of California, case No. 3:09-cv-02292, permitting real-time streaming is stayed except as it permits streaming to other rooms within the confines of the courthouse in which the trial is to be held. Any additional order permitting broadcast of the proceedings is also stayed pending further order of this Court. To permit further consideration in this Court, this order will remain in effect until Wednesday, January 13, 2010, at 4 p.m. eastern time

Full post as published by TalkLeft on January 11, 2010 (boomark / email).