Hollingsworth v. Perry, Bush v. Gore, and Manipulating Procedural Rules in High-Profile Litigation Impacting the Political Process

Orin Kerr writes at the Volokh Conspiracy: “Today’s 5–4 decision staying Judge Walker’s order to allow the broadcast of the California same-sex marriage case reminds me of a case that will be extremely familiar to the respondent’s lawyers, Ted Olson and David Boies. . . . I think the judicial instinct at play here is the objection of U.S. Supreme Court Justices when they see lower court or state court judges intentionally fudging procedural rules to help one side in very high-profile litigation that implicates the political process.”

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Edwin Meese, III: Stacking the Deck Against Proposition 8

Dale Carpenter on Cal. marriage trial: “All in all, it’s a bad start for the judicial challenge to Prop 8.”