perry v schwarzenegger transcript

The decision is the first time a federal court has held that there is a right to same-sex marriage under the U.S. Constitution. Const., Art. II, §1) (“ ‘All political power is inherent in the people’ ”). See Vermont Agency of Natural Resources v. United States ex rel. Approximately six months before Proposition 8 was But the Restatement may offer no workable example of an agent representing a principal composed of nearly 40 million residents of a State. Use the links below to access additional information about this case on the US Court's PACER system. Location United States District Court for the Northern District of California. With Kevin Bacon, Dustin Lance Black, David Boies, Matt Bomer. To determine whether justiciability continues in appellate proceedings after the State Executive acquiesced in the District Court’s adverse judgment, it is necessary to ascertain what persons, if any, have “authority under state law to represent the State’s interests” in federal court. The State may not wish to associate itself with proponents or their views outside of the “extremely narrow and limited” context of this litigation, 52 Cal.  Furthermore, it is not clear who the principal in an agency relationship would be. Here, in reliance on these statutes and the California Constitution, the State Supreme Court has held that proponents do have authority “under California law to appear and assert the state’s interest in the initiative’s validity and appeal a judgment invalidating the measure when the public officials who ordinarily defend the measure or appeal such a judgment decline to do so.” Perryv. They know and understand the purpose and operation of the proposed law, an important requisite in defending initiatives on complex matters such as taxation and insurance. courts exercise power that is judicial in nature,” Lance, 549 U. S., at 441, and ensures that the Federal Judiciary respects “the proper—and properly limited—role of the courts in a democratic society,” DaimlerChrysler Corp. v. Cuno, 547 U. S. 332, 341 (2006) (internal quotation marks omitted). 10–16696 (CA9, Aug. 16, 2010), p. 2.  After the Seventh Circuit affirmed a permanent injunction against enforcing several provisions of the law, the State chose not to pursue an appeal to this Court. But as the dissent acknowledges, see post, at 1, standing in federal court is a question of federal law, not state law. That qui tam actions and “next friend” litigation may have a longer historical pedigree than the initiative process, see ante, at 12–13, is no basis for finding Article III’s standing requirement met in those cases but lacking here. Arizonans for Official English, supra, at 64 (internal quotation marks omitted). 4th, at 1152, 265 P. 3d, at 1024.  The Court’s opinion disrespects and disparages both the  political process in California and the well-stated opinion of the California Supreme Court in this case. Andy Towle June 17, 2010. The state-law question is how California defines and elaborates the status and authority of an initiative’s proponents who seek to intervene in court to defend the initiative after its adoption by the electorate. App. Dec 7, 2012. Strauss v. Horton, 46 Cal. That proposition amended the California Constitution to provide that “[o]nly marriage between a man and a woman is valid or recognized in California.” Cal. Found inside – Page 4055 Transcript of Trial—Day 01 at 13–213, Perry v. Schwarzenegger, No. 09-CV-2292 (N.D. Cal. Jan. 11, 2010). 6 Ibid. 7 Ibid. 8 Ibid. 9 Transcript of Pre-Trial ... The Board of Education," "Roe v. Wade" -- legal experts say this case, "Perry v. Schwarzenegger," has the chance to be one of those landmark cases. Perry v. Schwarzenegger, 704 F. Supp. The next most frequently named case was Brown v. Board of Education, with nine percent. Perry v. Schwarzenegger Oral Arguments - U.S. Court of Appeals - 296911-1-DVD - 2010-12-06 - U.S. Court of Appeals for the Ninth Circuit. That interest is by definition a generalized one, and it is precisely because proponents assert such an interest that they lack standing under our precedents.  Federal courts have authority under the Constitution to answer such questions only if necessary to do so in the course of deciding an actual “case” or “controversy.” As used in the Constitution, those words do not include every sort of dispute, but only those “historically viewed as capable of resolution through the judicial process.” Flast v. Cohen, 392 U. S. 83, 95 (1968). 3. “An essential element of agency is the principal’s right to control the agent’s actions.” 1 Restatement (Third) of Agency §1.01, Comment f (2005) (hereinafter Restatement). the constitutionality of initiatives made law of the State.’ ” 52 Cal.  Relying on that answer, the Ninth Circuit concluded that petitioners had standing under federal law to defend the constitutionality of Proposition 8. Circuit Court of Appeals should change that by affirming a district court's order unsealing the recording of Perry v.Schwarzenegger (20-16375) allowing journalists, documentarians and members of the public to finally view the footage of this historic same-sex marriage . This is an essential  limit on our power: It ensures that we act as judges, and do not engage in policymaking properly left to elected representatives. Because we find that petitioners do not have standing, we have no authority to decide this case on the merits, and neither did the Ninth Circuit. James Ware. True enough—but only when it comes to the process of enacting the law. BREAKING: Ruling in Perry v. Schwarzenegger (Fed Prop 8 Case) coming down tomorrow Pam Spaulding 2010-08-03 NOTE : We have a Twitter feed for #prop8 in the left column for people to follow tomorrow . to assert the state’s interest in the validity of the initiative” when State officials decline to do so. James Ware. cannot rest a claim to relief on the legal rights or interests of third parties.” Powers v. Ohio, 499 U. S. 400, 410. 2010). That was not enough, we held, to allow the appeal to proceed. Schwarzenegger: 980 9th Street, Suite 1700 Sacramento, California 95814-2736 BY: ANDREW WALTER STROUD, ESQUIRE For Defendant STATE ATTORNEY GENERAL'S OFFICE Edmund G. Brown Jr.: 455 Golden Gate Avenue, Suite 11000 San Francisco, California 94102-7004 BY: TAMAR PACHTER, DEPUTY ATTORNEY GENERAL Found inside – Page 243Perry v. Schwarzenegger, Trial Transcript, January 13, 2010, p. 623 (testimony of plaintiff's expert Letitia Peplau). Hart & Schwartz “Cognitive-Behavioral ... In fact, they believe it will be one of those landmark cases. Found inside – Page 3617, 2012), which affirmed Perry v. Schwarzenegger, 702 F.Supp. 2d 921 (N.D.Cal., 2010). 23. Bush v. Gore, 531 U.S. 98 (2000). 24. Transcripts of the trial ... Boies, Schiller & Flexner LLP is a professional law firm in New York that has a reputation for getting results for our New York clients.  Without a judicially cognizable interest of their own, petitioners attempt to invoke that of someone else. 8 Plaintiffs' Statement on Striking Down of Initiative ****LIVE EVENT TO BE HELD IN WEST HOLLYWOOD (LOS ANGELES) TONIGHT AT 6pm (Park at 647 N. San Vicente, West Hollywood, CA 90036)****  The Court’s approach in this case is also in tension with other cases in which the Court has permitted individuals to assert claims on behalf of the government or others. If a federal court must rule on a constitutional point that either confirms or rejects the will of the people expressed in an initiative, that is when it is most necessary, not least necessary, to insist on rules that ensure the most committed and vigorous adversary arguments to inform the rulings of the courts. See Young v. United States ex rel. That historic role for the initiative system “grew out of dissatisfaction with the then governing public officials and a widespread belief that the people had lost control of the political process.” Ibid. i. Respondents, same-sex couples who wish to marry, view the issue in somewhat different terms: For them, it is whether California—having previously recognized the right of same-sex couples to marry—may reverse that decision through a referendum. The authors review historical efforts to deal with the challenge of nuclear weapons, with a focus on the momentous arms control negotiations between U.S. president Ronald Reagan and Mikhail Gorbachev. er words, the litigant must seek a remedy for a personal and tangible harm. 4th, at 1126–1128, 265 P. 3d, at 1006–1007. Pp. 9–16. In short, the Court today unsettles its longtime understanding of the basis for jurisdiction in representative-party litigation, leaving the law unclear and the District Court’s judgment, and its accompanying state- wide injunction, effectively immune from appellate review.  Those officials elected not to appeal the District Court order. The only individuals who sought to appeal were petitioners, who had intervened in the District Court, but they had not been ordered to do or refrain from doing anything. We held that they could not do so. The legislators in that case intervened in their official capacities as Speaker and President of the legislature.  Under California law, a proponent has the authority to appear in court and assert the State’s interest in defending an enacted initiative when the public officials charged with that duty refuse to do so. The transcripts are long, but they hold their value is immeasurable. 1 Restatement (Second) of Agency, p. 2, Scope Note (1957) (noting that the Restatement “does not state the special rules applicable to public officers”); 1 Restatement (First) of Agency, p. 4, Scope Note (1933) (same). Their commitment is substantial. When Perry v.Schwarzenegger, the since-retitled Prop 8 case, went to trial, it was videotaped. *** Transcript of Proceedings held on June 16, 2010, before Judge Vaughn R. Walker. Search this transcript . Anyhow, the 9th Circuit will be hearing oral arguments today in Perry v.Schwarzenegger, the federal case regarding the constitutionality of California's Prop 8 banning gay marriage.You should be able to listen in via C-Span. For full trial transcripts including a transcript of the powerful closing arguments and devastating rebuttal from Ted Olson ( it is an official/full transcript . But it is hornbook law that “a principal has a duty to indem-nify the agent against expenses and other losses incurred by the agent in defending against actions brought by third parties if the agent acted with actual authority in taking the action challenged by the third party’s suit.” 2 Restatement §8.14, Comment d. If the issue of fees is entirely distinct from the authority question, then authority cannot be based on agency. He must possess a “direct stake in  the outcome” of the case. 476 U. S., at 57–58. It is, however, a “fundamental restriction on our authority” that “[i]n the ordinary course, a litigant must assert his or her own legal rights and interests,  and cannot rest a claim to relief on the legal rights or inter-ests of third parties.” Powers v. Ohio, 499 U. S. 400, 410 (1991). "The cases before the Supreme Court illustrate a very important milestone in our approach to marriage. In its January 13, 2010 ruling, the U.S. Supreme Court blocked the public broadcast of Perry v. Schwarzenegger, a U.S. District Court case challenging the constitutional validity of California's Proposition 8. Stevens, 529 U. S. 765, 771–778 (2000); suits involving “next friends” litigating on behalf of a real party in interest, see, e.g., Whitmore v. Arkansas, 495 U. S. 149, 161–166 (1990); or shareholder-derivative suits, see, e.g., Gollust v. Mendell, 501 U. S. 115, 125–126 (1991). As the California Supreme Court explained, petitioners are bound simply by “the same ethical constraints that apply to all other parties in a legal  proceeding.” 52 Cal. demands that the litigant possess ‘a direct  stake in the outcome.’ ” Id., at 64 (quoting Diamond, 476 U. S., at 62). Pp. 9–10.  This Court, in determining the substance of state law, is “bound by a state court’s construction of a state statute.” Wisconsin v. Mitchell, 508 U. S. 476, 483 (1993). There, in expressing “grave doubts” about the standing of ballot initiative sponsors to defend the constitutionality of an Arizona initiative, the Court noted that it was “aware of no Arizona law appointing initiative sponsors as agents of the people of Arizona to defend, in lieu of public officials, the constitutionality of initiatives made law of the State.” Id., at 65. Perry et al v. Schwarzenegger et al. on . See Young, supra, at 807.  Similar questions might also arise regarding qui tam  actions, see, e.g., Vermont Agency of Natural Resources v. United States ex rel. As a result, church-state conflicts will follow. This volume anticipates where and how these manifold disputes will arise. Second, how might these conflicts be resolved? “The presence of a disagreement, however sharp and acrimonious it may be, is insufficient by itself to meet Art. (sis, COURT STAFF) (Filed on 6/14/2011), Set/Reset Deadlines as to Pursuant to 772 Order: Responses due by 5/13/2011.  As the Court notes, the California Elections Code does not on its face prescribe in express terms the duties or rights of proponents once the initiative becomes law. The right to adopt initiatives has been described by the California courts as “one of the most precious rights of [the State’s] democratic process.” Ibid. 2000) (holding that Title VII does not prohibit discrimination based on sexual orientation); Higgins v. New Balance Athletic Shoe, Inc., 194 F.3d 252, 259 (1st Cir. The Ninth Circuit concluded that “taking away the official designation” of “marriage” from same-sex couples, while continuing to afford those couples all the rights and obligations of marriage, did not further any legitimate interest of the State. Nor did the Ninth Circuit. Petitioners here hold no office and have always participated in this litigation solely as private parties. Panelists presented their reflections on the passage in November 2008 of Proposition 8, or the California Marriage Protection Act,…, A Ninth Circuit Court of Appeals three-judge panel heard oral arguments on Perry v. Brown. Found inside – Page 293Perry v. Schwarzenegger, 704 F. Supp.2d 921, 933 (N.D. Cal. 2010) (quoting the trial transcript), aff'd sub nom. Perry v. Brown, 671 F.3d 1053 (9th Cir. Per General Order No. See ibid., 265 P. 3d, at  1015–1016 (quoting Cal. Ibid. Replies due by 8/1/2011. See id., at 1159, 265 P. 3d, at 1029 (petitioners do not “possess any official authority . . . 3:09-cv-02292 (ND Cal.) 6 In using the term "embodied", I am referring to the concept of using, engaging, and being III’s requirements.” Diamond, supra, at 62.  The doctrine of standing, we recently explained, “serves to prevent the judicial process from being used to usurp the powers of the political branches.” Clapper v. Amnesty Int’l USA, 568 U. S. ___, ___ (2013) (slip op., at 9). Pp. 16–17. NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. 2d 921, 1004 (ND Cal. See Poindexter v. Greenhow, 114 U. S. 270, 288 (1885) (“The State is a political corporate body [that] can act only through agents”). ; see also id., at 1160, 265 P. 3d, at 1030 (because of “their special relationship to the ini- tiative measure,” proponents are “the most obvious and logical private individuals to ably and vigorously defend the validity of the challenged measure on behalf of the interests of the voters who adopted the initiative into law”).  We granted certiorari to review that determination, and directed that the parties also brief and argue “Whether petitioners have standing under Article III, §2, of the Constitution in this case.” 568 U. S. ___ (2012). Found inside – Page 159... concerning children's social and emotional development. see Transcript of Proceedings at 1004, Perry v. Schwarzenegger, 704 F. supp.2d 921 (2010) (No. Live chronicle of the landmark federal trial of California's Prop. Perry v. Schwarzenegger(MOBILE) Trial-Day 05 (Lamb-Zia) 1/15/2010 8:30:00 AM 991 1 Volume 5 2 Pages 991 - 1255 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 B Al-ready, LLC v. As the Court explained, “[e]ven if there were cir-cumstances in which a private party would have stand- ing to defend the constitutionality of a challenged statute, this [was] not one of them,” because Diamond was not able to assert an injury in fact of his own. Karcher v. May, 484  U. S. 72, 82 (1987); see also Arizonans for Official English v. Arizona, 520 U. S. 43, 65 (1997). may be available from PACER. The California Supreme Court’s opinion reflects a better understanding of the dynamics and principles of Article III than does this Court’s opinion. Although most standing cases consider whether a plaintiff has satisfied the requirement when filing suit, Article III demands that an “actual controversy” persist throughout all stages of litigation.  The Supreme Court of California explained that its holding was consistent with recent decisions from other States. Running through commentary on the cert grants in Hollingsworth v. Perry. is entirely distinct from the question” before it. This, the Court held, deprived them of standing.  (c) The Court does not question California’s sovereign right to maintain an initiative process, or the right of initiative proponents to defend their initiatives in California courts. The Court’s opinion fails to abide by precedent and misapplies basic principles of justiciability. Found inside – Page 354All subsequent quotations from the oral argument may be found in the transcript . 258 no deference to the trial court's finding : Perry v . Schwarzenegger ... v. richard hodges, director, ohio department of health, et al., respondents. Responses due by 5/13/2011. Unlike California’s elected officials, they have taken no oath of office.  Roberts, C. J., delivered the opinion of the Court, in which Scalia, Ginsburg, Breyer, and Kagan, JJ., joined. James Ware. 5. are continual references to . One of the themes coming from the defense last week in the Prop 8 trial was fear of LGBT people. 4th 757, 183 P. 3d 384. 484 U. S., at 75, 81–82. The court below agreed: “All a federal court need determine is that the state has suffered a harm sufficient to confer standing and that the party seeking to invoke the jurisdiction of the court is authorized by the state to represent its interest in remedying that harm.” 671 F. 3d, at 1072. Don't go there! The officials refused to defend the law, so the District Court allowed petitioners—the initiative’s official proponents—to intervene to defend it. In that case, a group of physicians filed a con- stitutional challenge to the Illinois statute in federal  court. §342 (West 2003)—to intervene to defend it. Id., at 82.  Far from supporting petitioners’ standing, however, Karcher is compelling precedent against it. The transcripts are long, but they hold their value is immeasurable. Found inside – Page 166See “Perry v. Schwarzenegger,” Wikipedia, http://en.wikipedia.0rg/ wiki/Perry_v._S chwarzenegger. 86. Clark Ruper, “Victory for Liberty & Equality in ... Transcript of Record at 3095, Perry v. Schwarzenegger, No. Its central premise, ignored by the Court today, was that the “State’s highest court [had] held that California law provides precisely what the Arizonans Court found lacking in Arizona law: it confers on the official proponents of an initiative the authority to assert the State’s interests in defending the constitutionality of that initiative, where state officials who would ordinarily assume that responsibility choose not to do so.” Id., at 1072 (majority opinion). And Perry v. Schwarzenegger, we should note that Schwarzenegger not truly a defendant in this case.  Petitioners contend that this case is different, because the California Supreme Court has determined that they are “authorized under California law to appear and assert the state’s interest” in the validity of Proposition 8. As an initial matter, petitioners’ newfound claim of agency is inconsistent with their representations to the District Court, where they claimed to represent their own interests as official proponents. They are “appointed solely to pursue the public interest in vindication of the court’s authority,” Young, supra, at 804, an interest that—like California’s interest in the validity of its laws—is “unique to the sovereign,” Providence Journal Co., supra, at 700. §297.5(a) (West 2004). There, the Court noted its serious doubts as to the aspiring defenders’ standing because there was “no Ari- zona law appointing initiative sponsors as agents of the people of Arizona to defend, in lieu of public officials, the constitutionality of initiatives made law of the State.” 520 U. S., at 65. Using the actual court transcripts from the federal trial of California's Proposition 8 and first-hand interviews, "8" shows both sides of the debate in a moving 90-minute play. See Select Comm. In reading it over, it looks like Walker will entertain a sampling of the Prop 8 campaign communications in camera rather than allowing the Perry attorneys access under a protective order. See Sweezy v. New Hampshire, 354 U. S. 234, 255 (1957) (plurality opinion); Dreyer v. Illinois, 187 U. S. 71, 84 (1902). Direct contact: (510) 643-2671, hkay@law.berkeley.edu, or (415) 391-5158 Petitioners claim that the California Constitution and election laws give them a “ ‘unique,’ ‘special,’ and ‘distinct’ role in the initiative process,” Reply Brief 5, but that is only true during the process of enacting the law. 2d 921, 944 (N.D. Cal. Ibid. The court repeated this unanimous holding more than a half-dozen times and in no uncertain terms. (internal quotation marks omitted). Cameras in the courtroom is a vaguely controversial topic in legal and judicial circles, but the Ninth Circuit Court of Appeals established a pilot program for courtrooms in its jurisdiction that allowed for the video recording of cases, presumably those that were interesting (a rare occurrence as . Court Reporter/Transcriber Katherine Powell Sullivan, CSR, RPR, CRR, and Debra L. Pas, CSR, RMR, CRR . Although they could participate in the lawsuit in their official capacities as presiding officers of the legislature, as soon as they lost that capacity, they lost standing. (sis, COURT STAFF) (Filed on 4/28/2011), Set/Reset Deadlines as to 768 MOTION to Vacate Judgment. In In re Marriage Cases, the California Supreme Court concluded that the California Constitution further guarantees same-sex couples “all of the constitutionally based incidents of marriage,” including the right to have that marriage “officially recognized” as such by the State.  Article III standing “is not to be placed in the hands of ‘concerned bystanders,’ who will use it simply as a ‘vehicle for the vindication of value interests.’ ” Diamond, 476  U. S., at 62. Id., at 1161, 265 P. 3d, at 1031. Found inside – Page 25Perry v. Brown, formerly Perry v. Schwarzenegger, No. 3:09-cv-02292 (U.S. Dist. Ct., N.D. Cal.). CHAPTER I3 / EQUALITY AND CIVIL RIGHTS / PAGES ... That question has also given rise to litigation.   (3) Nor is support found in dicta in Arizonans for Official English v. Arizona, supra. 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