Legal commentary on today’s Cal. marriage stay order

The order in question is available in ADF’s press release: Defenders of Calif. marriage amendment will appeal judge’s decision on motion for stay

Lyle Denniston writing at the SCOTUS Blog comments on today’s stay order and: ” The judge raised the possibility that the backers of Proposition 8 — the ban approved by the state’s voters in 2008 — may not have a legal right to appeal his decision, since state officials have declined to defend the ban and seem unlikely to pursue their own appeal.”

Dale Carpenter writes at the Volokh Conspiracy:  ”Among other things, Walker concluded that because the governor and the state attorney general have so far decided not to appeal the original decision, and indeed opposed the stay, there is no party who has standing to pursue an appeal.  Specifically, the official Prop 8 proponents who defended the law in his court do not have standing, he held.”

Orin Kerr writing at the Volokh Conspiracy raises this question: Who Will Be on the Ninth Circuit Panel in Perry?