Now that sponsers of California Proposition 8 are openly seeking to have that 18,000 same-sex marriages legally entered into between June and November invalidated in court does that make all those couples parties to the case? Could each couple submit it’s own brief to the Supreme Court and have a counsel argue on it’s behalf? How could that possibley work in practice? :dubious: Hundreds or thousands of attorneys argue before the SCC in the same case? It’d be total chaos.
Typically, cases which present similar issues are consolidated together and a case is chosen as the “lead” case. If the cases have different issues, the opinion will address the variants.
In this instance, though, to borrow a phrase from class-action civil litigation, the common questions predominate… in other words, the identical question must be answered for each of the 18,000 couples; so far as I’m aware, there’s no issue of fact that would meaningfully distinguish any of the cases from any other.