Tomorrow in Pasadena, CA, both sides on the federal challenge to Proposition 8 will present oral arguments to the Ninth Circuit Court panel on whether Defendants, who are defending Proposition 8, should hand over internal campaign documents.
On November 25, the court panel ordered an emergency stay against Judge Walker's orders that the campaign hand over communications and in a surprise move, ordered that arguments take place.
9th Circuit Court Order for Oral Arguments
Also in play in the arguments, according to the order, "The parties shall be prepared to address the question of jurisdiction under the collateral order doctrine, the merits of the First Amendment privilege issue, and whether a temporary stay pending a resolution of the merits should be granted under Nken v. Holder, 129 S. Ct. 1749, 1760-61 (2009)."
In the meantime, parties will continue to negotiate the protective order surrounding the documents.
(Major H/T to Proposition 8 and the Right to Marry)