The Prop 8 case is called "Perry v. Schwarzenegger," but Governor Schwarzenegger has flip-flopped and switched sides, potentially preventing the appeal of Judge Walker's outrageous ruling.
Professor John Eastman has an open letter today urging Gov. Schwarzenegger to defend the voters' rights in this case:
"Finally, I strongly urge you to direct counsel to mount a vigorous rather than half-hearted defense of Proposition 8 before the Court of Appeals and ultimately the Supreme Court of the United States. Perhaps that initiative will be held unconstitutional at the end of that process, but if it is not given a fair shake, the more than 7 million voters who voted to retain the traditional definition of marriage will always think, with good reason, that the judicial process was manipulated to produce an outcome favored by some in government at the expense of the sovereign will of the people. That would not be good for the rule of law. It would not be good for our democratic institutions. And it would make our state even more polarized and less manageable for your successor than the one you inherited from your predecessor.
I implore you, therefore, to direct your attorneys to file, at the very least, a pro forma notice of appeal."