I fail to see how the court can rule on a case while not allowing one side to be defended. This would be like a criminal trial where the defendant was not allowed a lawyer and not allowed to speak.
As I read the SCOTUS decision the pro Prop 8 people had no standing so they wouldn’t have had standing to bring the case to court. There shouldn’t be any Federal Decision. If no decision no stay to allow for appeal. The last decision standing is California’s Supreme Court.
The decision pretty much guts the initiative process if the Governor and Attorney General are supporters of the other side. Refuse to defend the law passedby iniative and side supporting it wins by default.
Actually, and procedurally, there was no ruling here. The 9th Circuit just lifted it’s injunction which it has the authority to do at any time. It could have done it while the case was pending before SCOTUS. So it’s not a hearing or anything of that nature. It’s mere “house keeping” as it were.
Merely an FYI. Not taking a pro-position on the merits of the SCOTUS decision by any means.