Cal Sup Ct Prop 8 Arguments To Be Televised Live

Last week I told you that the California Supreme Court had set oral arguments in "the Prop 8 case" (Perry v. Brown) for September 6, 2011 at 10am. This week comes news that those oral arguments will be televised live!

Online newspaper SF Appeal has the deets:

In January, a panel of the appeals court said that federal law, as defined in a 1997 Supreme Court decision, doesn't seem to allow sponsors to defend an initiative when state officials refuse to do so.

But the appeals panel said there might be a right under state law, and asked the California Supreme Court to step in and decide that issue.

The seven-member state high court will hear one hour of arguments in its State Building courtroom on Sept. 6 and then will have 90 days to issue a written ruling.

Court spokeswoman Lynn Holton said that because of public interest in the case, the court has approved a live statewide television broadcast of the arguments on the California Channel, a public affairs network.

If the state court eventually rules that the sponsors have standing, or the right to appeal, the case will then go back to the 9th Circuit for review of Walker's decision, a process that might take several more months.

But the federal appeals court said earlier this year that if the sponsors lack legal standing, the federal court would be required to dismiss the appeal.

Hat/tip to Wonder Man

Celebrity Friday: Barbara Lenk, Openly Lesbian MA Sup Ct Justice

Barbara Lenk, 60, will become Massachusetts
 first openly lesbian Supreme Court Justice

Governor Deval Patrick has apparently decided to appoint the first openly gay member of the Massachusetts Supreme Judicial Court by naming Barbara Lenk, an Associate Justice of the Appeals Court.

“I am honored to nominate Justice Lenk to the supreme judical court,” said Patrick. “She is a brilliant and thoughtful jurist, with a deep sense of justice. Justice Lenk will continue to make extraordinary contributions to the commonwealth and our judical system as a member of the highest court.”

With this latest appointment, Gov. Patrick will have appointed  a majority of the justices of his state's highest court. Interestingly, the number of openly gay State Supreme Court justices has taken a dramatic increase lately, with courts in Colorado, Hawaii and now Massachusetts all getting openly lesbian appointees. California currently has an open position on its  highest court. There have been calls on Governor Brown to appoint an openly gay Justice.

Surely one of these openly gay state supreme court justices will be prime for a federal appellate position within the next 5-10 years?

Celebrity Friday: Sabrina McKenna, openly lesbian Hawaii Sup Ct nominee

Sabrina McKenna, 53, is the first openly gay person
nominated to the Hawaii Supreme Court

Great news out of Hawaii! Democratic Governor Neil Abercrombie has nominated Sabrina Shizue McKenna, an openly lesbian Sate Trial Court judge, to that state's 5-member highest court.

The Star Adviser reports:

In making his first judicial nomination, Gov. Neil Abercrombie called the appointment "the most important decision" in his career.

"This appointment sets the course for the state and its legal direction for the next several years," he said. "I'm completely confident that Judge McKenna's appointment will be something I'm proud of for the rest of my life."

[...]

McKenna would be the first openly gay member of the Hawaii Supreme Court.

McKenna's sexual orientation was not brought up during the ceremonies, but she said that all judges bring to the bench their own personal experiences.

"I would like to believe that because of my background and my life experiences, I bring sensitivity to those who may not have been born into a life of privilege, a sensitivity to those whose life circumstances make it difficult for them to conform with all of society's expectations," she said.

"I try to bring compassion to the court."

She later said she was not only referring to her sexual orientation, but her gender and her upbringing in Japan by her mother after her father died when she was 9.

McKenna said the significance of being the first openly gay member on the court would be that it could give "hope to people who feel that they cannot succeed" because of a variety of reasons, including being gay.

California currently has an imminent vacancy on its 7-member state Supreme Court. Colorado and Oregon are the only other states with openly gay Justices currently. Congratulations to Hawaii!

Hat/tip to Joe.My.God