The bottom line is, early odds are on a 2-1 decision upholding Judge Vaughn Walker’s fine decision in Perry. The one stumbling block, of course, is the issue of standing, and on that I still have some concern that Hawkins, who can be a stickler on procedural details, might align with Smith to hold that there is no standing on the appeal. So, while there are still problems with the standing issue and therefore there should be no premature wild celebrations today, it is nevertheless a very favorable panel the Perry appeal has drawn. For that, there should be some joy.

Okay, the title may be a tad unfair to the fine folks in the 9th Circuit, some of whom I know, and almost all of whom I appreciate greatly (there is the Bybee thing). But this just flat out cracked me up. Now, as you know, Judge Vaughn Walker of the NDCA little more than a week ago issued his landmark decision in Perry Prop 8 case and just yesterday issued the much awaited decision to deny the Defendant-Intervenors’ Motion for Stay Pending appeal.