We reported here yesterday on weekend filings at the Supreme Court on whether the closely-watched Proposition 8 trial on same-sex marriage, starting today in federal court in San Francisco, should be allowed to air on YouTube on a delayed basis. Justice Anthony Kennedy, who handles emergncy matters from the Ninth Circuit, was expected to rule on Sunday, but no decision emerged. This morning, the Supreme Court issued its routine orders list, and again no mention of the broadcast issue. The trial will begin in a few hours.
Curiously, the Court did not take the bench until 10:06; it's rare for the justices to be late. It's conceivable they had a brief huddle to discuss the issue before beginning to hear oral arguments. An order could emerge while the justices are on the bench, so stay tuned.