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Old 2nd April 2009, 06:08 PM   #58
Brown
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The link to where the opinion is expected to be is:

http://www.iowacourts.gov/Supreme_Court/Opinions/

Click "Most Recent Opinions."

As of this writing, the opinion is not there yet. There is a notice, however, that an opinion in the case of Varnum v. Brien is expected to be filed on April 3.

As indicated in a story in the Des Moines Register, the Court is gearing up for the inevitable protests, whatever the result may be.
Quote:
The judicial building and the surrounding grounds “are not public forums for private use,” court administrators said in a written statement. “The judicial branch reserves the right to restrict private activities in the building and on its adjoining grounds to ensure the administration of justice at all stages is free from disruption, interference, and undue influence.”

Activities such as press conferences, rallies and other public gatherings will be confined to the lower terrace on the building’s north end, and the public sidewalk adjacent to Court Avenue, court administrators said. Access to the building must remain “open and unobstructed at all times,” the statement said.
When a decision involving intense emotion and heightened public interest is decided, news organizations and political activists rush to report what the Court said. This often leads to misleading reporting, because it may take hours to give a court opinion due consideration and analysis.

Nevertheless, chances are that folks will look first at the cover page of the opinion. "AFFIRMED" means that the lower court's decision was upheld and prohibitions on gay marriage are unconstitutional under the Iowa constitution. But if the result is anything else ("REVERSED AND REMANDED," AFFIRMED IN PART, REVERSED IN PART AND REMANDED," etc.), then that means: You have to read the opinion to see what the Court did. It does NOT necessarily mean that the gay marriage ban is constitutional.

Those skimming the opinion are also usually interested in how many justices voted each way. In Iowa, there are split decisions, just as there are in the US Supreme Court. But Iowa has a history of trying to issue unanimous opinions in as many cases as possible. (A few years ago, Chief Justice Roberts announced that he would try to achieve more uniformity of assent to opinions from the US Supreme Court. So far, he has failed. But Iowa has a history of success.)

If the decision is "AFFIRMED," I think it is possible but tending toward unlikely that the decision will be unanimous. If the decision is anything else, I think it is possible but moderately likely that the decision will be unanimous.
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