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I guess you're right, Alex. If an AG wants to ignore the law and let others spend $3 Million to get something on the ballot, there's nothing to stop them.
Jen, the Ninth Circuit Court of Appeals will next decide whether to do an end-run around the law and let the Prop 8 proponents appeal without legal standing to do so. If they deny them standing, the U.S. Supreme Court will have a shot at it. So it's too early to say they "cannot" appeal the decision.
My gut feeling is that the Ninth Circuit wants to hear the case, but will be mindful of the law prohibiting an appeal, and the U.S. Supreme Court wouldn't care about the prohibition - but would prefer to duck the case for now.
ETA: Alex, the deadline to appeal is 30 days from the date of the decision, roughly 3 weeks from now. Long before the next election.
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