Late-night roundup.

* Senate Republicans won't fight Sotomayor.

* Gay-rights activists are balking at taking Prop 8 to federal court; they think they'll lose at the Supremes given the courts' current composition.

* 15 Sexist Vintage Ads. So glad sexism is behind us.

O'Reilly v. Hertzberg. An intriguing behind-the-scenes look either at a just crusade for fair treatment of Newt Gingrich or else at what it's like to be on the receiving end of a Bill O'Reilly smearjob, depending on whether or not you know the meaning of the word "fascism." (Thanks, td!)

Proposition 8: The Musical.

See more Jack Black videos at Funny or Die

The California Supreme Court agreed Wednesday to consider complaints by opponents of Proposition 8 that it improperly revised the constitution to ban gay marriage. The court declined to stay its enforcement in the meantime.

Court spokeswoman Lynn Holton said the court asked the parties involved to write briefs arguing three issues:

(1) Is Proposition 8 invalid because it constitutes a revision of, rather than an amendment to, the California Constitution?

(2) Does Proposition 8 violate the separation-of-powers doctrine under the California Constitution?

(3) If Proposition 8 is not unconstitutional, what is its effect, if any, on the marriages of same-sex couples performed before the adoption of Proposition 8?

Holton said the court established an expedited briefing schedule. She said oral argument could be held as early as March 2009. (via MyDD)

California Gov. Arnold Schwarzenegger on Monday signed an executive order that would speed up renewable energy development and require 33 percent of utilities’ electrical power to come from renewable sources by 2030.

California, still leading the way on some things.

The legal challenge to Proposition 8 rests on the distinction between a "revision" and an "amendment."

"In passing Prop 8, the people of California basically put an asterisk next to the equal protection clause in the constitution," said William Araiza, a professor at Loyola Law School in Los Angeles. Now, he said, "it fundamentally comes down to whether the court considers this a major change or not a major change."

Specifically, opponents of Proposition 8 argue that this kind of change is a "revision," not an "amendment." The distinction is important, legal experts say, because revisions require two-thirds approval in the legislature and then a popular vote. Amendments can be approved by popular vote only.

If, as opponents say, the court finds that Proposition 8 qualifies as a revision, then the proposition would be found unconstitutional because its proponents would have, in effect, skipped the required legislative step. If the court strikes down the initiative on these grounds, it is not certain the lawmakers would take up the issue again.

If the court sides with Proposition 8 proponents and allows the amendment, the recourse for gay rights activists would be to put the matter to voters again through their own initiative or take the matter to federal court -- something most activists are not ready to do, given the current composition of the Supreme Court.

Forty state legislators have signed a friend-of-the-court brief in favor of this argument that the proposition be voided. Via MyDD.

Meanwhile, slight credit where it is slightly due: the Governator speaks out against Prop 8 only one week too late.

"It's unfortunate, obviously, but it's not the end," Schwarzenegger said in an interview on CNN this morning. "I think that we will again maybe undo that, if the court is willing to do that, and then move forward from there and again lead in that area."...

Today, Schwarzenegger urged backers of gay marriage to follow the lesson he learned as a bodybuilder trying to lift weights that were too heavy for him at first. "I learned that you should never ever give up.... They should never give up. They should be on it and on it until they get it done."

And in fairness to Michele's earlier call of "bullshit" it must be admitted that I don't think Obama's said anything about Prop 8 at all.

Olbermann's special comment on Prop 8. KO's characteristic melodrama aside, I have to agree with him: it boggles my mind that this is an argument we are having as a nation, that there is anyone, anywhere, who could actually oppose marriage equality. I can't begin to understand it. I suppose I'm impatient—GLBT issues have made tremendous progress even since the 1990s, and in a few years this will all be (almost) over—but this is really a struggle I just wish we could skip to the end of.

At one point I was hopeful that Prop 8 would be the first big victory for our side. I'm still upset it wasn't. Keith is, in the end, right: this vote is horrible.

Break out the lawsuits: legal challenges to Prop 8 are already on the way.

Prop 8 passes. Goddamnit. How long will it take for lawsuits stemming from the nullification of thousands of California marriages to reach the Supreme Court?

Justice once again slightly favored by California residents: the Public Policy Institute's latest poll shows 52% of Californians currently oppose Proposition 8. Fingers crossed.

Marriage equality still alive in California: Proposition 8 is down to a three-point lead.