From NBC's Pete Williams
Written briefs from lawyers on both sides of the Prop 8 dispute are due today in Judge Vaughan Walker's court in San Francisco. The judge has indicated that after they're submitted, he'll decide whether to extend or lift the temporary stay he put on his ruling Wednesday that struck down the law.
If he lifts his stay, an action which would allow same-sex marriage to resume in California, the Prop 8 supporters would immediately ask the federal appeals court in San Francisco for a new stay. And if they get turned down there, they could seek a stay from the U.S. Supreme Court.
Don't expect, though, that if judge Walker extends the stay the opponents of Prop 8 would ask the appeals court to vacate it. There are tactical legal reasons for them to want to keep the stay in place while the case is on appeal, and courts are reluctant to vacate stays that have the effect of maintaining the status quo.
As for the appeals court, it won't hear the case until January at the earliest. The court issued a scheduling order Thursday, requiring the last of the written briefs to be submitted by late December.
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