I have not been follow the case closely, but it was my impression (just from skimming the headlines) that the attorneys for Prop 8 were working with CA Attorney General Jerry Brown's office and may have deliberately used weak evidence and "losing" arguments, and "thrown" the case, because they were going along with the State's intention.
Maybe I got that all garbled up --- as I say, I haven't followed it closely --- so I am looking for links now, to provide whatever insight I may find.
If you can help me out here, thank you.
What really galls is that, although they may have been acting as though it were a private matter in California, they knew darn well that the queering of the “facts” would have drastic implications for the entire country. Only way I can see to get a mulligan on the “facts” is to litigate this much better in other circuits, in time for the results to hit the USSC together with this.