According to the Los Angeles Times, the scumbags defending Proposition 8 have filed an emergency appeal with Justice Anthony Kennedy to overturn the trial court's order allowing YouTube videos of the trial to be put up.
This is the procedure used when the Court of Appeals denies your request. Anthony Kennedy is the 9th Circuit's "Circuit Justice" which means he handles requests coming out of the 9th Circuit for emergency requests. Kenndy, significantly, is also the likely swing vote if and when the case comes before the U.S. Supreme Court. The lawyers arguing against Prop 8 have engineered their case for Kennedy based on his opinion in Romer v. Evans where Kennedy wrote that a law passed by Colorado voters did not pass Constitutional muster even though the Court would not examine it with heightened scrutiny because it served no rational purpose and was simply based on animus towards gays.
More...
...some in the gay community are afraid that this case may actually offer up the opportunity to set a bad precedent, but with an increasing number of states rejecting gay marriage laws in popular votes and in the legislature the courts are looking more and more like the only route in the short to medium-term.
Often times, cases like this one are decided with little or no evidence at the trial level, and, instead boil down to declarations of the Constitutionality of laws. However, in this case, Judge Vaughan has asked for a full trial on the merits where a number of issues related to gay identity will be explored with facts instead of the musings of lifetime appointed judges.
Prop 8's defenders apparently believe that this is not a good sign for them (smart, since their case is not based on fact) and have screamed bloody murder about the case being televised. While it won't be televised, the trial judge, Judge Vaughan, has allowed for portions to be posted on YouTube. Prop 8's backers complain that:
the record is already replete with evidence showing that any publicizing of support for Prop. 8 has inevitably led to harassment, economic reprisal, threats, and even physical violence. In this atmosphere, witnesses are understandably quite distressed at the prospect of their testimony being broadcast worldwide on YouTube.
Wah.
Hints may be gleaned from what Kennedy does here, though interpretations of what he does will almost certainly be Kremlinology, because the ruling he will issue will not decide the case on the merits. However, if he takes the unusual step of reversing both the trial court and the circuit court, it might be a sign of his hostility towards the case. He might also refer the case to the full Supreme Court where a fuller decision may be made.
Kennedy is a usually conservative justice who has upheld abortion rights in some cases and, as mentioned above, has stood up for gay rights in the past. His detractors simply believe he is legacy whoring, but that may be what ultimately brings him down on the good side here. Boies and Olson, the lawyers trying to strike Prop 8 down, are as qualified as anyone to know his mind.
In my opinion, the most likely result is that Kennedy will summarily deny the request and we won't be able to glean anything, but in a case like this that matters to millions of people, it's worth paying attention to every detail.