@hawkeye10,
hawkeye10 wrote:
Quote:From what I have read, the state officials have declined to appeal the ruling. Thus, the question remains whether the intervenors, i.e. the proponents of proposition 8, have standing to appeal.
I am not convinced this matters. These state officials are being replaced, the new officials will be in place a few weeks after the hearing. I dont see why the court would want to get in the middle of that, and so would wait to rule until after the state has the opportunity to enter an appeal after the change of command.
The state must appeal within the time allowed.
Federal Rules of Appellate Procedure
Rule 4. Appeal as of Right—When Taken
(a) Appeal in a Civil Case.
(1) Time for Filing a Notice of Appeal.
(A) In a civil case, except as provided in Rules 4(a)(1)(B), 4(a)(4), and 4(c), the notice of appeal required by Rule 3 must be filed with the district clerk within 30 days after the judgment or order appealed from is entered.
http://www.law.cornell.edu/rules/frap/rules.html#Rule4