Justice Kennedy Stays Order Allowing Prop 8 Streaming Video Coverage

By Jeralyn, Section Supreme Court
Posted on Mon Jan 11, 2010 at 12:18:25 PM EST
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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

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Justice Kennedy Stays Order Allowing Prop 8 Streaming Video Coverage | 10 comments (10 topical)

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My quick thought (5.00 / 4) (#2)
by andgarden on Mon Jan 11, 2010 at 01:38:45 PM EST

There's some deep irony in the request to prohibit this. "We (Prop. 8 supporters) get to have a public debate about your private relationship, but our privacy is sacrosanct."

: Very deep irony... (none / 0) (#10)
by kdog on Mon Jan 11, 2010 at 04:49:05 PM EST

well played ag...typical of an outfit like "Protect Marriage"...privacy is for us, not you. Mariiage is for us, not you. America is for us, not you.
Jerks.

No surprise (none / 0) (#1)
by jbindc on Mon Jan 11, 2010 at 12:22:08 PM EST

Of course, they've had a week to think about it. I would be surprised if any of the Supremes (besides Sotomayor) knew what Yoputube was.....<snark>

SCOTUS, not Kennedy Entered Stay (none / 0) (#3)
by Michael Masinter on Mon Jan 11, 2010 at 01:40:55 PM EST

The Court entered the stay; Justice Kennedy was just one of eight voting for the stay.

he granted the initial stay (none / 0) (#4)
by andgarden on Mon Jan 11, 2010 at 01:45:44 PM EST

Which, as Breyer suggests (warning, slow PDF), no one disagrees with.


Other than himself? (none / 0) (#5)
by Steve M on Mon Jan 11, 2010 at 01:49:54 PM EST

But not even that, really. He's just the only one who wrote a dissent.


: You're right (none / 0) (#6)
by andgarden on Mon Jan 11, 2010 at 01:53:06 PM EST

Lesson: don't post in haste:

I don't understand (none / 0) (#7)
by ericinatl on Mon Jan 11, 2010 at 02:41:36 PM EST

I don't understand how it is okay to televise a murder trial where only a few have a vested interest but not okay to televise a trial where hundreds of thousands or millions have a vested interest. Idiots.

This is federal court (none / 0) (#8)
by jbindc on Mon Jan 11, 2010 at 02:43:05 PM EST

Murder cases that are televised are state courts.


: Yes, I understand that (none / 0) (#9)
by ericinatl on Mon Jan 11, 2010 at 04:19:33 PM EST

Still, to me, the test should be vested interest. If the result directly affects the lives/rights of hundreds of thousands, it should be televised.