Rory Little — Hastings Law Professor and Controversial Ninth Circuit Judicial Aspirant — Ponders Advantages of Seeking Rehearing En Banc by Proponents of Proposition 8

UC Davis’s Vikram Amar Avers Made Sense to Seek En Banc Review to get “Two Bites of the Apple.” (TLR Note: Will Three Bites Possible By Moving for Reconsideration and Later for En Banc?)

via latimes.com

Democratic appointees outnumber Republican appointees on the 9th Circuit, UC Irvine Law School Dean Erwin Chemerinsky observed. “I have no doubt that there is a core group of conservatives that will want to go” for reconsideration, he said. “But I can’t imagine they will have the votes.”

UC Davis constitutional law professor Vikram Amar said it made sense that ProtectMarriage would want 9th Circuit review to get “two bites of the apple.”

Please see complete story @:
http://www.latimes.com/news/local/la-me-prop8-20120209,0,7795042.story

Ninth Circuit judge N. Randy Smith says ‘optimal partnership’ is man woman

Prop 8 ruling: California gay marriage ban declared unconstitutional by federal appeals court

via dailymail.co.uk

Ninth Circuit refusal to invalidate judge Walker’s ruling on the grounds that he is gay has far-reaching implications on pending cases before associate-justice Carol Corrigan and other LGBT judges around U.S.

Ninth Circuit uphold prior ruling which declared Proposition 8 unconstitutional

U.S. 9th Circuit Court of Appeals Judges N. Randy Smith, Michael Hawkins, and Stephen Reinhard to Rule on Validity of Proposition 8 t

Erika Jayne (AKA Erika Girardi) Zero Contributions Against Proposition 8 — No Contributions Found Also Under Erika Girardi, Erika Lynn, EJ Global

Erika Jayne (AKA Erika Girardi) Proposition 8 Contributions = No Records Found (TLR Note: post XMAS LAMBDA LEGAL to be notified)

WSVN-TV – Calif court mulls appeal rights of Prop 8 backers

via wsvn.com

On that critical question, several justices noted that the California Supreme Court always has, as a matter of practice if not written policy, allowed the sponsors of ballot questions to appear before it when their measures were challenged.

“Never in any recorded (case) have proponents been denied the right to advance their interests,” Associate Justice Kathryn Werdegar noted during the closely watched arguments. “The present state of California law is we allow liberal intervention.”

Read more: http://www.wsvn.com/news/articles/national/21005305452979/##ixzz1XExBfeXW

Meet a Son of Eve, an Illegitimate Child; a Latino; a Precocious Child; a Victim; a Homosexual; an Acclaimed Novelist; a Lawyer; a Religious Leader; a Wife; a Judicial Canidate, and J. Moreno’s Staff-Attorney – - Meet Michael Nava (Part 1)

* Materials for this article were obtained from Wikipedia, the Encyclopedia of GLBTQ, Michael Nava for Judge, La Bloga, and a blog titled “Ninglun Floating Life”.

“Michael Angel Nava, born September 16, 1954 in <u>Stockton</u>, California, is an attorney and writer.  He is a third-generation Californian of Mexican descent. He was born and raised in <u>Sacramento</u>.”  http://tinyurl.com/michaelnava

“Michael Nava is the second of six children in what he calls a “tragically unhappy” Chicano family. He was the son of a man with whom his mother, then married, had had an affair, and though he was given his stepfather’s last name, he knew from an early age that his mother was not married to his father, who in effect abandoned him.  Molested by a family member at age eleven and realizing his gayness at age twelve, Nava knew that he had to escape his mother’s religiosity and his stepfather’s physical abuse.” (From “Ninglun Floating Life”)

“Nava grew up in a predominantly working-class Mexican neighborhood in Sacramento, California called Gardenland. In an essay of the same title, he wrote about his neighborhood: “The best way to think of Gardenland is not as an American suburb at all, but rather as a Mexican village, transported perhaps from Guanajuato, where my grandmother’s family originated, and set down lock, stock and chicken coop in the middle of California.  Nava, a precocious child, was constantly reading.” (From Wikipedia)

<img src=”http://idisk.mac.com/mstrickla/Public/01101009.jpg” alt=”" width=”400″ height=”300″ />
Mr. Michael Nava, began writing what would become his first novel – “The Little Death” (La petite mort– A French metaphor for orgasm) while studying for the bar exam. The novel “Goldenboy” followed soon thereafter. Nava’s novels feature Henry Rios — a gay Latino criminal defense lawyer who practices in Los Angeles.  According to Nava: “Judicial attorneys and law clerks can have a huge influence in shaping  the direction of the law, but there are very few attorneys of color in  those positions because they are mostly filled through the Old Boys Network. <u><strong>We need to establish our own network</strong></u>.”(Photo:courtesy)

“Nava began his legal career as a trial lawyer in the City Attorney’s Office where he prosecuted criminal cases and did approximately 50 jury trials.  He was an associate at the appellate boutique firm of Horvitz &amp; Levy before becoming a judicial staff attorney; since 2004 he has been a judicial attorney for Justice Carlos R. Moreno.” (From Wikipedia)

<img src=”http://data6.blog.de/media/012/4921012_4ce92e69da_m.jpeg” alt=”Justice Carlos Moreno – Copy” style=”margin:5px;” />
Justice Carlos Moreno, is due to leave the court by March of 2011. According to the San Jose Mercury News, Moreno would urge Governor Brown to replace him with a Latino: “If he asks for my opinion, I think he should do whatever he can that a Latino replaces me on the court”.(Photo:Courtesy)

In addition, Nava is an advocate for diversity in the  legal profession and the judiciary. From 2007 to 2009, he was a member of State Bar of California’s Council on Access and Fairness, who advises  the State Bar’s Board of Governor on matters relating to diversity in the legal profession.  He put forth the case for judicial diversity in a 2009 law review article, “A Servant of All: Humility, Humanity and Judicial Diversity”, published by the Golden Gate University Law Review.

Michael Nava recently ran for a judicial position in San Francisco. The following was stated on Nava for judge’s web site:
“Michael is also involved in the community as an active parishioner at Most Holy Redeemer and was a member of the board of directors of the GLBT Historical Society.  In October 2008, just before Proposition 8 banned same-sex marriage, Justice Moreno married Michael and his partner, George Herzog.”

According to the Legal Pad, a blog published by the Recorder, Nava’s husband, George Herzog, loaned the campaign $50,000.
http://legalpad.typepad.com/my_weblog/2010/10/ulmers-got-the-cash-navas-got-t…

On “La Bloga” ( http://tinyurl.com/labloga1 ),the following was posted: 
“Michael Nava isn’t qualified to be a judge. In my view, he also lacks integrity. Like Nava, I am also a judicial staff attorney, openly gay, and a Democrat. Consider this: On the Chinese language ballot, he translated his name as “Fairness and Justice Lee,” a blatant attempt to misrepresent his identity. If you are okay with that, vote for Nava. Nothing I could say could convince you otherwise. Maybe I’m being paranoid: what do you think? Do you think this Chinese name come from a place of truth or clever marketing.?”

Meet a Son of Eve, an Illegitimate Child; a Latino; a Precocious Child; a Victim; a Homosexual; an Acclaimed Novelist; a Lawyer; a Religious Leader; a Wife; a Judicial Canidate, and J. Moreno’s Staff-Attorney – - Meet Michael Nava (Part 1)

* Materials for this article were obtained from Wikipedia, the Encyclopedia of GLBTQ, Michael Nava for Judge, La Bloga, and a blog titled “Ninglun Floating Life”.

“Michael Angel Nava, born September 16, 1954 in Stockton, California, is an attorney and writer. He is a third-generation Californian of Mexican descent. He was born and raised in
Sacramento.” http://tinyurl.com/michaelnava

“Michael Nava is the second of six children in what he calls a “tragically unhappy” Chicano family. He was the son of a man with whom his mother, then married, had had an affair, and though he was given his stepfather’s last name, he knew from an early age that his mother was not married to his father, who in effect abandoned him. Molested by a family member at age eleven and realizing his gayness at age twelve, Nava knew that he had to escape his mother’s religiosity and his stepfather’s physical abuse.” (From “Ninglun Floating Life”)

“Nava grew up in a predominantly working-class Mexican neighborhood in Sacramento, California called Gardenland. In an essay of the same title, he wrote about his neighborhood: “The best way to think of Gardenland is not as an American suburb at all, but rather as a Mexican village, transported perhaps from Guanajuato, where my grandmother’s family originated, and set down lock, stock and chicken coop in the middle of California. Nava, a precocious child, was constantly reading.” (From Wikipedia)

Mr. Michael Nava, began writing what would become his first novel – “The Little Death” (La petite mort– A French metaphor for orgasm) while studying for the bar exam. The novel “Goldenboy” followed soon thereafter. Nava’s novels feature Henry Rios — a gay Latino criminal defense lawyer who practices in Los Angeles. According to Nava: “Judicial attorneys and law clerks can have a huge influence in shaping the direction of the law, but there are very few attorneys of color in those positions because they are mostly filled through the Old Boys Network. We need to establish our own
network.”(Photo:courtesy)

“Nava began his legal career as a trial lawyer in the City Attorney’s Office where he prosecuted criminal cases and did approximately 50 jury trials. He was an associate at the appellate boutique firm of Horvitz & Levy before becoming a judicial staff attorney; since 2004 he has been a judicial attorney for Justice Carlos R. Moreno.” (From Wikipedia)

Justice Carlos Moreno, is due to leave the court by March of 2011. According to the San Jose Mercury News, Moreno would urge Governor Brown to replace him with a Latino: “If he asks for my opinion, I think he should do whatever he can that a Latino replaces me on the
court”.(Photo:Courtesy)

In addition, Nava is an advocate for diversity in the legal profession and the judiciary. From 2007 to 2009, he was a member of State Bar of California’s Council on Access and Fairness, who advises the State Bar’s Board of Governor on matters relating to diversity in the legal profession. He put forth the case for judicial diversity in a 2009 law review article, “A Servant of All: Humility, Humanity and Judicial Diversity”, published by the Golden Gate University Law Review.

Michael Nava recently ran for a judicial position in San Francisco. The following was stated on Nava for judge’s web site:
“Michael is also involved in the community as an active parishioner at Most Holy Redeemer and was a member of the board of directors of the GLBT Historical Society. In October 2008, just before Proposition 8 banned same-sex marriage, Justice Moreno married Michael and his partner, George Herzog.”

According to the Legal Pad, a blog published by the Recorder, Nava’s husband, George Herzog, loaned the campaign $50,000.
http://legalpad.typepad.com/my_weblog/2010/10/ulmers-got-the-cash-navas-got-the-chinese-surname.html

On “La Bloga” ( http://tinyurl.com/labloga1 ),the following was posted: “Michael Nava isn’t qualified to be a judge. In my view, he also lacks integrity. Like Nava, I am also a judicial staff attorney, openly gay, and a Democrat. Consider this: On the Chinese language ballot, he translated his name as “Fairness and Justice Lee,” a blatant attempt to misrepresent his identity. If you are okay with that, vote for Nava. Nothing I could say could convince you otherwise. Maybe I’m being paranoid: what do you think? Do you think this Chinese name come from a place of truth or clever marketing.?”