According to this paywall protected story from American Lawyer Media and this New York Times story, those initial allegations by opponents of same sex marriage may be not as off the wall as I first surmised. Unfortunately, the recent admissions by the Ninth Circuit about the process that it used are not entirely transparent to me. I still don't believe that whatever process was used was the factor that led to the result. But a truly random selection of judges is important to public faith in the process.