Judge Vaugn Walker denies motion for stay of discovery in Perry v. Schwarzenneger

10/23/09 order by Judge Walker denying motion for stay of discovery

[10/27/09 update: Although he hasn't yet read the order, law professor Arthur Leonard discusses the denial of stay here.]

As readers of this site know, the official Prop. 8 proponents in the Perry case have tried to prevent plaintiffs from obtaining internal campaign communications by Yes on 8 during last year's election. Their effort has involved an appeal of Judge Walker's discovery order and a stay of the order pending appeal. On October 21st, the 9th Circuit Court issued an order to the appellants to show cause why their appeal should not be dismissed for lack of jursidiction. Not surprisingly, Judge Walker has denied the motion to stay discovery:

Proponents are unlikely to succeed on their appeal or mandamus petition because (1) the court of appeals lacksjurisdiction over the appeal and mandamus petition and (2) the appeal lacks merit.

I will include news articles and commentary as the news cycle and blogosphere catch up with today's development. Journalist Karen Ocamb elaborates on the context of animosity against gay and lesbian couples that she expects disclosed Yes on 8 communications to reveal.

Thanks to California attorney Rick Xiao for alerting me to the filing.