www.Prop8Case.com

10:50 AM: -- Judge Smith (I think): Haven’t the AG and the governor nullified the effect of the efforts of the voters and Proponents of Prop 8 by not bringing the appeal? Reinhardt is chiming in against Boies as well. “AG failing to defend the initiative is not consistent with the purpose of the initiative system. The governor is not explicitly allowed to veto the initiative, but he and the Attorney General are doing so indirectly by failing to defend it.”

If neither Proponents nor Imperial County have standing to appeal, do we (meaning this court) have the authority to determine the scope of Walker’s injunction? Reinhardt says that according to Boies’ reasoning, the injunction in effect, only applies to Los Angeles and Alameda counties. Boies et al must be counting on the governor and attorney general to enforce it across the rest of the state. Reinhardt jokes that they must be glad that the election turned out the way it did.

The judge is looking askance at Boies, when he asks why not settle it all right here. Why did you guys only list Los Angeles and Alameda counties? Reinhardt says I can hardly believe you only intended for the injunction to cover only those two counties. General laughter.