The opinion was just released today, and is here. There’s also a dissenting opinion, written by Justice Breyer and joined by Justices Stevens, Ginsburg, and Sotomayor.
UPDATE: The Court’s reasoning focuses on the late change in the district court’s rules to permit the live transmission of the trial; the Court concludes that this change likely violated the federal statute that generally requires “appropriate public notice and an opportunity for comment” before such rule changes are made. The Court also concludes that the equities favor the stay pending a final decision on the merits, partly because of what it sees as the extra risk of harassment and deterrence of witnesses if the trial is broadcast. The dissent disagrees on these points. The Court does not directly discuss the propriety of broadcasting federal trials, though it suggests that such broadcasting might be inappropriate — at least as part of “a pilot program” — as to witness testimony in high-profile cases. I leave it to others to analyze the opinion in more detail, though I might have some posts on some particular questions.
Glenn says:
The vote break down signals that Kennedy hasn’t completely bought the homosexual agenda. There was a reason that he drew the line in Lawrence at some point before “governmental recognition”.
Judge Walker just might win the battle with his insane antics, and end up lose the war to enact the homosexual agenda. :)
January 13, 2010, 5:55 pmThe Volokh Conspiracy » Blog Archive » Much Less in This Statistic Than Meets the Eye says:
[...] “By January 8, 2010, the Court had received 138,574 comments, all but 32 of which favored transmitting the proceedings,” writes the dissent in the Prop. 8 broadcasting case. [...]
January 13, 2010, 6:04 pmThe Volokh Conspiracy » Blog Archive » Where’s the Materially Greater Risk of Witness Harassment Stemming from Transmitting a Trial to Several Other Courthouses says:
[...] I understand the procedural posture of the stay application in the Prop. 8 transmission case, the only thing the Supreme Court was actually considering was whether the trial may be transmitted [...]
January 13, 2010, 6:17 pmBankruptcy Blog says:
This is some really information, I just wrapped up my paper for class and wish i would had found this article sooner. You may have just made me a regular :)
January 14, 2010, 1:50 amptt says:
As long as we’re reading tea leaves, maybe this is his way of showing he can resist the pull of the Homosexual Agenda (you’re supposed to capitalize it, dontcha know), so his switch to the other side looks more principled later on…
January 14, 2010, 2:07 pmbankruptcy in greenville sc says:
Im no expert, but I think you just made a very good point point. You obviously know what youre talking about, and I can really get behind that. Thanks for being so upfront and so honest.
June 5, 2010, 2:57 pm