From the SF Chronicle:
(09-08) 16:53 PDT SAN FRANCISCO — The state Supreme Court dealt a setback to California’s ban on same-sex marriage today, refusing to order Gov. Arnold Schwarzenegger and Attorney General Jerry Brown to appeal a federal judge’s ruling striking down the voter-approved measure.
A state appeals court dismissed the [Pacific Justice Institute] suit without a hearing, and the state’s high court denied review today without comment.
*Read more: High court won’t order state to defend Prop. 8 [SF Chron]
The social conservatives will now resort to Plan D: Making sock puppet versions of the AG and governor, placing them on their arms, and pretending like the two showed up in court anyway.
**EARLIER: Jerry Brown’s sound reasoning for not appealing