Appellants’ motion for a stay of the district court’s order of August 4, 2010 pending appeal is GRANTED. The court sua sponte orders that this appeal be expedited pursuant to Federal Rule of Appellate Procedure 2. The provisions of Ninth Circuit Rule 31-2.2(a) (pertaining to grants of time extensions) shall not apply to this appeal. This appeal shall be calendared during the week of December 6, 2010, at The James R. Browning Courthouse in San Francisco, California.
The previously established briefing schedule is vacated. The opening brief
is now due September 17, 2010. The answering brief is due October 18, 2010. The reply brief is due November 1, 2010. In addition to any issues appellants wish to raise on appeal, appellants are directed to include in their opening brief a discussion of why this appeal should not be dismissed for lack of Article III standing. See Arizonans For Official English v. Arizona, 520 U.S. 43, 66 (1997)
IT IS SO ORDERED
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More discussion in the comments here
Looks like it will be well into next year before any decision, including one about standing is reached.
Further, we have idea why the court ruled the way it did.
Update: From the Prop 8 Trial Tracker comments:
Pay close attention to what the court is saying here. By saying what they’re saying in bold, they are assuming that the appellants do not have standing to appeal the case, and want evidence to conclude otherwise.
The decision to stay it during appeals is purely a judicial political move to keep SCOTUS out of it as much as possible.
Don't know how authoritative that opinion is.