Damn Rose.. did you just graduate law school? ;-)<quoted text>
The proponents HAVE NOT been given Standing........the 9th Circuit kicked it back to the CSSC for guidance on the Standing question.......and it could be a couple of months or longer before we actually hear anything.
The CSSC can do one of three things, 1)Answer the question with a Yes, 2)Answer the question with a No or 3)Ignore the question.
If the CSSC answers yes, then the 9th Circuit will have to answer the Article 3 Standing question, probably granting Standing and then ruling on the merits. They will most likely uphold Judge Walker's decision at that point.
If the CSSC answers NO, then the 9th Circuit will dismiss the appeal because the proponents are in the wrong court room.
If the CSSC ignores the request........the 9th will probably also dismiss the appeal because the proponents lack standing.
Hope this helps.
All correct except that it would not be called ignoring the question, but refusing to opine on it and it hardly ever happens. Whether it is a court below (a state appellate court), or a court above (a Federal appellate court), state Supreme Courts don't have the discretion of refusing another court's certified question.