At the Prop. 8 Trial Tracker, Brian Devine reports on the emergency stay filed by the Prop. 8 supporters and explains what will happen moving forward:
As for their arguments on the merits of the stay, there does not seem to be any new arguments that Judge Walker has not already rejected.
This Emergency Motion will be referred to the lead judge of the Motions Panel. If the lead judge is unavailable, the Emergency Motion is referred to the second judge and then the third judge of the Motions Panel. The judge to whom it is referred may either grant temporary relief or convene the Motions Panel (usually by telephone) to decide the motion. My guess is that in a case as newsworthy as this, the lead judge would prefer to convene the entire panel rather than make the decision himself. In any event, there could be a decision on the Emergency Motion within hours after the motion is filed, but it’s more likely that it will take a day or two for the Judge(s) to rule.
And, you have to love this. In its motion, the haters cited this article from GLTNN.com: Advisory: If Judge Walker Says It’s OK to Get Married. Not kidding.
And, it’s still unclear if these Prop. 8 proponents can even appeal.