If Protect Marriage’s emergency motion to stay the overturn of Prop 8 is denied by the Ninth Circuit Court, they are expected to immediately appeal to the Supreme Court. The justice assigned to hear cases from the Ninth is swing voter Anthony Kennedy.
Interestingly, as the clock ticks down on Judge Walker’s stay extension, Justice Kennedy will be in Hawaii to appear at the annual Ninth Circuit Judicial Conference, which runs Monday through Thursday next week. Kennedy is the scheduled speaker at 10:45am the day after Walker’s stay expires. The three judge panel that will hear Protect Marriage’s motion has not yet been assigned (I don’t think), but at least some of the Ninth Circuit judges will also be at the conference.
I don’t what, if anything, this could mean for the case.