Olson said in a telephone conference with reporters Friday, June 10, that he is needed on a hearing in a 2nd Circuit U.S. Court of Appeals case concerning copyrights and can't make it to San Francisco for the June 13 hearing.

Arguing both issues for the Olson-Boies team will be another of its star attorneys, Theodore Boutrous, of Olson's law firm. Boutrous, who was on Friday's phone conference, said the Yes on 8 motion to vacate Walker's ruling--over the fact that Walker has been in a relationship for 10 years with a man--is a "desperate play" and a "publicity stunt." But he said, nonetheless, that he was not surprised Chief Judge James Ware decided to give Yes on 8 attorneys a chance to argue their motion in court.