The court had the option of staying the ruling AND waiting to grant an appear until after a separate determination of standing.
That isn't what they did.
"In addition to any issues appellants wish to raise on appeal...
It's beyond me how you can read a schedule for arguments in an appeal and somehow claim that an appeal hasn't been granted.
FYI--I'm sorry you missed THE RULING ON STANDING that was issued the same day as Perry. It's directed to Imperial County,
Is Imperial County mentioned in the order? Do you not find it strange that you're claiming that the court is really granting just a hearing on an appeal that they don't mention? Or that the court granted a stay that Imperial never requested if that's what this really was?
This is not, and will not be the final be all and end all....it's the opening salvo.
Well of course that's true... but it doesn't mean that an appeal hasn't been granted. It has. An appeal can be dismissed at any time (and may... though it would muddle things terribly)... but that doesn't mean that it doesn't exist.
Keep in mind... if the 9th does not rule on the merits of the case, it has very limited precedential value (and would leave the decision open to later appeal by a new governor... reopening the political issue). Most of California's counties would be left to make their own decisions.
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