The only one with the actual power to "disobey" the ruling is Governor Schwarzenegger, and he has said that he supports the ruling and is refusing to appeal it (he is the named defendant in the suit). Ted Olson (the lawyer for the plaintiffs) is now saying that the appeal is moot because the defendant agrees with the decision.
This will get interesting at the appellate level. (If I had to make a prediction, I would guess that the 9th Circuit will deny a stay but that the Supreme Court will grant a stay by a vote of 5-4).
He doesn't have that discretion. His oath requires him to appeal it ("uphold and defend...").
This is what Davis pulled with 187. And that's how MuscleHead got elected, and Davis dis-elected.
SOB can't leave soon enough.
but he was not the only defendant was he?
It seems a serious issue of conflict if it can be argued the defendant intentionally lost.