The other day we posted Rachael Myrow's interview with UC Davis law professor Vik Amar about the likelihood that the U.S. Supreme Court would take up the Proposition 8 case now that the high court is the last available avenue of appeal to the measure's supporters.
Amar said that the Ninth Circuit's narrow, exclusive-to-California opinion was an attempt to ward off the Supremes from interesting themselves in the ruling, which holds that California's same-sex marriage ban is unconstitutional. He also said the high court might want to hear a First Circuit case stemming from the Defense of Marriage Act before or instead of the Prop 8 matter, because the DOMA case raised less sweeping issues than Prop 8.
Finally, Amar said that the issue of whether or not Prop 8 proponents should have been given standing to defend the law in the first place was not adequately dealt with by either the Ninth Circuit or the California Supreme Court, which advised the Ninth Circuit that standing should indeed be granted.
Now, we turn to another legal analyst, Professor Rory Little of UC Hastings College of the Law, to address some of the same issues in answering the question: Will the Supreme Court agree to rule on Proposition 8?
Edited transcript from Rachael Myrow's interview earlier this week: