Last night on “The Colbert Report with Stephen Colbert,” attorney David Boies sat down for an interview with host Stephen Colbert after a segment on the ongoing legal battle over the constitutionality of California’s Proposition 8.

Boies, along with attorney Ted Olson, have argued that the state’s same-sex marriage ban violates the constitutional rights of free speech and due process. They represent two sets of plaintiffs suing the state over the ban.

A federal appeals court heard arguments last week after a district judge ruled the ban unconstitutional. The appeals court ruling is expected early in the New Year.