Does the Ninth Circuit have the final say over whether to stay Judge Walker’s ruling?
No. If the Ninth Circuit denies a stay, the proponents of Prop 8 can ask the United States Supreme Court to issue a stay. That request would be directed to Justice Anthony Kennedy, because he is the justice designated to hear requests for stays in the Ninth Circuit. If Justice Kennedy denied the motion to stay, the proponents of Prop 8 could ask the entire court to rule on that issue. Remember, this is not about whether Prop 8 is unconstitutional, but only about whether couples can marry based on Judge Walker’s ruling while the case is being appealed.
