9th Circuit Court of Appeals issues order to show cause in appeal by official Prop. 8 propoments in Perry v. Schwarzenneger

10/20/09 order of U.S. Court of Appeals for the Ninth Circuit in Perry v. Schwarzenneger

On October 1st, Judge Walker ordered the official Prop. 8 proponents to disclose internal campaign communications to the Perry plaintiffs that concern Yes on 8's proposed or implemented messages to voters. On October 8th, the proponents filed notice of their 9th Circuit appeal of Walker's discovery order, and filed a motion to stay the discovery order pending the appeal.

Thanks to California attorney Rick Xiao for sharing the 9th Circuit order, and for provind his comment:

Signaling that the federal court of appeals may lack jurisdiction over Prop. 8 proponents' interlocutory appeal of Judge Walker's discovery order, the Ninth Circut has issued an Order to Show Cause requiring Prop. 8 proponents to explain why their appeal should not be dismissed for lack of jurisdiction. The Ninth Circuit's Order strongly suggests that Judge Walker would be well justified to deny Prop. 8 proponents' request for a stay of discovery pending the appeal.