the hernandez case talks about immutability. to the extent that you're referring to any other aspect that the doctrine of heightened standard, i think that has been ventilated and the issues that would support an enhanced, heightened scrutiny are all present and you would be bound by what the supreme court has said with respect to that. >> but how about our whitten case? >> i think the whit case supports exactly what i was just saying. >> you argue factual circumstances are different in the whit case but i guess do you have authority that the factual circumstances alone would allow us to make a different holding than a prior three-judge panel?

might make some distinctions but if you're saying they can't participate in a right because of an immutable characteristic you have not only a due process violation but an equal protection violation and ultimately that's the decision i'd like to see this court issue. >> thank you. >> thank you. >> miss stewart? >> thank you, may it please the court, i want to focus on the circumstances in the context particular to california, that show how singularly irrational proposition 8 really is. first, and there are four things, but the first i want to talk about is that it imposes a special disability on gay people for reasons thaticalical has disavowed, and it doesn't attempt to pursue in any other arena. california regulates child rearing and parentage separately from marriage and proposition 8 has nothing to do with trying to promote one family for risi rai children over another. besides that california laws that do govern parenting and child rearing provide in every way that california law continues to recognize that same-sex couples and opposite sex couples are the same for purposes of family a

and the laws of economics are just as immutable as the laws of physics. the reaction time's just a little longer. the fact is that we are rapidly approaching the end of the runway for health care financing as we know it. here's the good news. you may know that for every dollar we spend on medicaid the federal government gives us $2. every dollar we save in medicaid saves the federal government $2. i was in washington the day before yesterday at the white house with the president's health policy adviser and deputy chief of staff and also the head of cms, the agency that oversees medicare and medicaid. and we took documentation that we ran through the omb that

she could afford the use of the metal, but, more than that, gold was used in the belief that its immutability could be transferred to the deceased. this shrine, also found in the antechamber, is wood covered with a layer of gesso and then overlaid with sheet gold. the scenes on its sides are hily reminiscent akhenaten's perd, with wa family groungs ich convey aense of true emotion rarely evident in the more stylized art of other periods. between two of the animal-form beds was found a cache of alabaster vases. almost all of them had had their contents of unguents removed by thieves. precious oils must have been extremely valuable in tutankhamun's time, inasmuch as the tomb robbers choose them over many other objects in the tomb. this vase is impressive for its carving, but it is also interesting for its symbolic reference to the unification of egypt. at one time, egypt was two countries: the delta area called lower egypt and the southern region called upper egypt. when the two countries were united in 3100 b.c., the concept of unification became a theme, which continued throughout egypt's lon

witnesses in this case and the experts and the judge's findings this is a characteristic that is immutable and the long history of the discrimination which mr. cooper stimulated to the trial, the damage that is done as a result of the discrimination all of this requires heightened scrutiny. but if you look to go to and imagine that that a rational basis standard articulate along the lines than you did, which i don't think is the test, i don't think that is at all consistent with the city of clyburn or roemer at all but if you were to say that, what is -- what can we imagine? conceivable thing can we think of that would justify doing the damage that is being done to our citizens in california? what is it? i don't know what it is. >> just a minute. maybe i could suggest a couple of things. do you believe that the idea of distinguishing marriage from domestic partnerships name only in order to promote a vehicle for procreation, responsible procreation, and inclusion of one group promotes legitimate government purpose all things being equal children are most likely to thrive when raised by fat

and the laws of economics are as immutable as the laws of physics. the reaction time is just a little longer. the fact is we're rapidly approaching the end of a runway for healthcare financing as we know it. here is the good news. you may know that for every dollar we spend on medicaid the federal government gives us two dollars. by the same token every dollar we saving medicaid saves the federal government $2. i was in washington the day before yesterday at the white house with the president's health policy adviser and deputy chief of staff and the head of cms, the agency that oversees medicare and medicaid and we took documentation and ran through the omb and showed that oregon saved $15 billion over the last 20 years on the oregon health plan and we can save $20 billion in the next ten years with our new health care reform and we asked them for several hundred million dollars a year each year for the next five years to make this transition and response was extraordinarily positive. [applause] that means we will have the resources necessary to make

the laws of economics are just as immutable as laws of physics. the reaction time is just a little blogger. the fact is we are rapidly approaching the end of the runway for health care financing as we know it. here is the good news. you may know for every dollar spent on medicaid the federal government gives us $2. the same token, every dollar received in medicaid saves the federal government to dollars. i was in washington the day before yesterday at the white house with the president health policy adviser and deputy chief of staff and also the head of cms, the agency that oversees medicare and medicaid and we took documentation that we ran through the omb and shows oregon say the federal government's $15 billion over the last 20 years and we can save them $20 billion in the next 10 years with her new health care reform. we asked them for several hundred million dollars a year each year for the next five years to help us make this transition and the response was extraordinarily positive. [applause] so what that means this will most likely have th

the laws of economics are just as immutable as laws of physics.the reaction time is just a little blogger. the fact is we are rapidly approaching the end of the runway for health care

the laws of economics are just as immutable as laws of physics. the reaction time is just a little blogger. the fact is we are rapidly approaching the end of the runway for health care financing as we know it. here is the good news. you may know for every dollar spent on medicaid the federal government gives us $2. the same token, every dollar received in medicaid saves the federal government to dollars. i was in washington the day before yesterday at the white house with the president health policy adviser and deputy chief of staff and also the head of cms, the agency that oversees medicare and medicaid and we took documentation that we ran through the omb and shows oregon say the federal government's $15 billion over the last 20 years and we can save them $20 billion in the next 10 years with her new health care reform. we asked them for several hundred million dollars a year each year for the next five years to help us make this transition and the response was extraordinarily positive. [applause] so what that means this will most likely have th