There are actually two appeals to the Supreme Court challenging the prisoner release order in California. The Prison Litigation Reform Act gives various people, including state legislators, standing to challenge such orders. The reason for this is to deal with possible collusion between prisoner advocates and the executive branch of government, which may want to put the squeeze on the legislative branch to pony up more funds (i.e., tax dollars) for prisons. In the California  case, a number of Republican legislators exercised their right to intervene.

In the governor's appeal, Schwarzenegger v. Plata, No. 09-1233, noted yesterday, the Court deferred consideration of a jurisdictional issue. The orders list did not mention California State Republican Legislator Intervenors v. Plata, No. 09-1232. Today, the online docket shows no order issued in that case, even though it was on the same conference. Not sure what's happening here.