I am not a lawyer so I could be wrong about this, but my understanding is that a judgement can be appealed but if there is no judgement (because the case is not heard due to lack of standing) then there is nothing to appeal to the Supreme Court. You cannot skip levels.

So what happens now? Is there further testimony or argument scheduled?

This appeared to be his strategy, that the defense of the repeal was confined to two CA counties, excluding Imperial county, that he DID represent. So therefore the extent of the overturn had no bearing on Imperial Co.

He also kept saying that the AG and the governor refused to APPEAL, then said they refused to DEFEND Prop. 8 in Walker’s court.
That’s actually a lie. There WAS representative from the AG’s office in court, who did speak.
But the state had no witnesses, and no precedents that could support THEIR case.
Walker gave each side PLENTY of opportunity to produce them, he allowed video depositions where he stated he preferred the witnesses to be in court, and once he made his decision, it was thoroughly described in an over 130 page transcript.

After Walker’s decision, when the defenders of 8 appealed, THAT is when the AG decided not to support the appeal.
They saw a losing case and chose not to commit any more money and time (the state doesn’t have) to an exceptionally WEAK CASE.

But Cooper made it sound like they refused from the outset and therefore were derelict in their responsibility.

Perhaps Brown should say something about that in his own defense.

The opposition is crying foul because Reinhardt didn’t recuse himself, they are crying corruption as they did with Walker.

They are also parsing, as Cooper did, that the judges, AG and the state didn’t EVER defend Prop. 8, as if they had all the clear evidence, witnesses and VOTERS on their side and that’s that.

You can smell the resentment that the courts are involved at all, as if courts shouldn’t and never DID participate in the defense of minorities or overturned discriminatory law.
But our opposition doesn’t see it as discrimination, except against voters.

THEY brought this, by putting up a minority’s rights up to it, then taking away rights already granted BY the Constitution.

As Brian Brown’s e-newletters hit, he has no idea that this is EXACTLY how histories’ worst haters and their political action behaved.
EXACTLY.

If only he’d pay attention to the timeline and how Nazis became so powerful.
Judges were accused, when the few who defended Jews and others were attacked just as NOM is doing.

The Nuremberg trials were an example of the reach of Nazis to dispose of any defenders against Nazi encroachment on their own citizens.
Without the Constitution and courts in place for protection, we can see that the courts and Constitution itself will be damaged.

Sometimes I can’t believe how unforgivably ignorant…and dangerous some people are while denying there is any resemblance to very RECENT issues that are there precisely so that anyone could know better.

a question for timothy: if imperial county and the prop8 proponents are found not to have standing by this court, but that later on, the full court or the scotus finds that they do have standing and sends the case back to this level, would it be the same panel as today, or would it be a different panel?

Good question. And I don’t know the answer.

The editorial commentator on last night’s KSL NBC channel (owned by the Mormon Church) lamented about the demise of “marriage” or the institution of it. But, in the montage of images of what is wrong with marriage, KSL used some pictures of gay men and of lesbians exchanging vows.

Glaringly absent was not ONE picture of any polygamists.

Some Mormons have selective reasoning…including the editorial board at their TV station.