The attorneys who faced off in the Florida recount are now uniting to fight the recent California Supreme Court decision upholding Proposition 8. Theodore Olson and David Boies are taking the Proposition 8 case federal, seeking a permanent injunction against Prop. 8 and arguing that it denies same-sex couples basic liberties and equal protection under the 14th Amendment.

But gay marriage activists — who are already organizing to overturn Proposition 8 at the ballot box — are opposed to the lawsuit. In a memo, nine gay rights activist organizations said it’s too soon and may set their efforts back:

Pushing the federal government with multiple lawsuits before we have a critical mass of states recognizing same-sex relationships or suing in states where the courts aren’t ready is likely to lead to bad rulings. Bad rulings will make it much more difficult for us to win marriage, and will certainly make it take much longer.

The attorneys are confident they can win, however, with 80 years of experience between them. According to the San Francisco Gate, Olson (former solicitor general under George W. Bush) has won 75 percent of the 55 cases he’s argued before the Supreme Court.