I believe davis had first shot at an appeal and mediated a settlement with illegals advocacy groups
Prop 187 Overturned
As a result of increased mobilization and electoral participation in immigrant communities, July 29, 1999 marked the date Governor Gray Davis, MALDEF, and other civil rights groups signed the mediated Proposition 187 agreement, effectively putting an end to the divisive measure. This was the first time that a California voter-approved measure was overturned by mediation.
Wilson was Governor when we passed Prop 187.
Marianne Pfaelzer sat on her decision until he was replaced by Davis. Davis of course never appealed.
Then came Schwarzeneggar, who was perfectly free to file the appeal. He never did, because the GOP establishment (including Hugh Hewitt) who backed him over Tom McClintock hated Prop 187.
There is no time limit on the right of appeal. Any California governor is free to file it.
There is no “mediated agreement”. There is only Pfaelzer’s unchallenged ruling, courtesy of Bush Republican treason.