Waiting for Act II

Prop 8 forecasting from the NY Times:

And whether the case is argued in front of the United States Court of Appeals for the Ninth Circuit or the Supreme Court, one thing is also certain: What the next round of judges hears will be very similar to what Judge Walker did.

“We actually believe that the arguments have been as refined as they possibly can be,” said Mr. Pugno, part of a defense that offered only two witnesses. “So you will hear largely the same arguments on appeal as you will in this court. It will just be a different forum.”

Ditto for the plaintiffs.

“I rest with, frankly, confidence, regardless of how this turns out,” Mr. Griffin said. “I don’t think there’s a single thing we would have done different.”

What also seems certain is that the court case may take a while to settle. Judge Walker has no set timetable for issuing a decision. While that waiting game plays out, however, there is also the possibility of another ballot measure to overturn Proposition 8, which passed in 2008 with 52 percent of the vote. That could come as soon as 2012.