Maggie Gallagher: Chuck Cooper strikes back

Maggie Gallagher writing at Real Clear Politics: “[T]he devastating brief that attorney Charles Cooper filed asking the 9th Circuit to overrule Walker . . . is a total smack-down of Walker’s decision to ignore the immense amount of evidence brought to him — not to dispute it, but to simply ignore it. Walker tried to pretend, in essence, that the only form of evidence a trial judge may consider is expert witness testimony in court. He even ignored expert witness testimony when it clashed with his own views. Harvard professor Nancy Cott, a historian of marriage, favors gay marriage, but even she freely admitted in trial that gay marriage represented a momentous change in the public meaning of marriage, and that the effects of this change would be impossible to determine in advance.”