Yes but why would Scalia be against the STATE deciding? And the state DID decide in prop 8 and it sounds like they’re saying the ruling made to over turn prop 8 stands?
When the same-sex couples appealed the CA Supreme Court’s decision that upheld Prop 8 to the U.S. District Court for the Northern District of California, the State of California was still defending Prop 8.
Then the State refused to defend it further. So the voters who brought the Prop 8 initiative to the ballot appealed to the 9th Circuit Court of Appeals. Under California law, they were legally entitled to defend Prop 8 in court when the State refused to defend Prop 8.
Essentially, the SCOTUS decision says that the case was properly heard before the U.S. District Court of N. CA. (Judge Walker) because the State was defending Prop 8 at that time. The case was not properly heard before the 9th Circuit because the voters who brought the initiative cannot have no legal standing to defend Prop 8 in the federal court system. They can only do so in CA under CA law.
So Judge Walker’s decision stands and the 9th is overturned.