a reader writes...some interesting notes on Prop 8 on Sully's blog

[ourbluenation]

The Prop 8 case now makes three consecutive judicial opinions holding that laws prohibiting same-sex marriages have no rational basis. Interestingly, all three were authored by judges who were nominated or appointed by Republicans. Today’s Northern District of California opinion was authored by Judge Vaughn Walker, who was nominated by Ronald Reagan and George H.W. Bush. Last month’s District of Massachusetts opinion was authored by Judge Joseph Tauro, who was nominated by Richard Nixon. The Iowa Supreme Court (unanimous) opinion was authored by Justice Mark Cady, who was appointed by Republican Governor Terry E. Branstad.

and this..

What strikes me about Judge Walker's opinion is the amount of evidence he included there - numbered, paraphrased facts with direct citation to and quotation from the trial record. As a lawyer, I can't say that I have ever seen a judge include that much of the trial transcript in an opinion. He would have done this to make his record so that when the case is appealed - as everyone knows it will be - he has included enough direct evidence produced at trial to support his application of the law. His clerks made that trial record their bitch, and Judge Walker took that dog for a walk.

Whether the appeals court overturns on the application of law is a different issue. But it's not going to be a fact issue that does it. And then the way that he completely flicks away Prop 8 proponents' experts' testimony. The man is smart.

[ourbluenation]

1. oops - forgot the links.

http://andrewsullivan.theatlantic.com/the_daily_dish/2010/08/prop.html

http://andrewsullivan.theatlantic.com/the_daily_dish/2010/08/prop.html

[JuniperLea]

2. So, to appeal, they must address all he's included?

Am I reading you correctly?

[nadinbrzezinski]

3. Yes, the decision goes up the chain

and at appeal he's ensured that his discovery process was included.

[JuniperLea]

4. That was VERY smart of him!

Brilliant!

[MadMaddie]

5. It will be interesting to see the right wing argue against those

facts and not make huge asses out of themselves.