In Sacramento yesterday, the 3rd District Court of Appeals rejected a right-wing attempt to force the state (in the form of AG Jerry Brown and Governor Schwarzenegger) to appeal Judge Vaughn Walker’s decision striking down Proposition 8.

A state appeals court has denied a conservative law group’s request that it force Attorney General Jerry Brown and Gov. Arnold Schwarzenegger to defend Proposition 8 in federal court.

The denial was issued Wednesday and entered Thursday on the website of the 3rd District Court of Appeals in Sacramento.

“I guess we’ll have to file another emergency petition with the California Supreme Court,” said Kevin Snider, chief counsel for the Sacramento-based Pacific Justice Institute.(SacBee)

Thing is, the two elected leaders have a fairly wide level of discretion in this case.  If they don’t feel that there is a strong case on appeal, which they pretty clearly showed by not bothering to defend it in the first place.  

In terms of the order, it was denied summarily, but you can get case information here. (h/t Prop8TrialTracker)