Some movement in the Federal Prop 8 case:
In Prop 8 trial news, Judge Vaughn Walker has notified trial participants that he intends to close the evidentiary record, and seeks comments on that intention by this Friday:
ORDER TO SHOW CAUSE why the evidentiary record should not be closed. Show Cause Response due by 4/16/2010. Signed by Judge Walker on April 13, 2010. (vrwlc1, COURT STAFF) (Filed on 4/13/2010)
The point of closing the evidence record, of course, would be to end the opportunity to submit any new evidence, such as the discovery materials sought by the Defendant-Intervenors from non-parties who fought Prop 8 during the election. These were the subject of last month’s hearing.
Additionally, the court filed an order earlier this week regarding new Amicus Briefs. Presumably, Judge Walker has had enough of those! While he did say (when last discussing them) that he would read them all, because the case was particularly ‘well-lawyered’ Walker expected that friends-of-the-court would have little new light to shed. But, he said, in case that new light did exist, he would read amicus briefs looking for it. But, now, he may be done with them.
3 comments:
It'll be interesting to see what the outcome will be.Given the fact that the judge himself is gay and that it's rumored no repeal will be happening at the ballot, should interesting indeed.
It'll be interesting to see what the outcome will be.Given the fact that the judge himself is gay and that it's rumored no repeal will be happening at the ballot, should interesting indeed.
Reading through the trial transcripts I have the gut feeling that Walker has already decided this case in the favor of the plaintiffs.
Everything else is simply formality and making sure the i's are dotted and the t's crossed.
The deposition and testimony of the defendants (Yes on 8) side pretty much made the Olson and Boies case. Not one could give any reason other than religious bigotry for opposition to marriage equality.
The reason I say he's already decided is that in a civil case it is always the preponderance of evidence that rules. And there is more than enough evidence that there was religious animus involved in this. So too a basic inequality - California now has 4 classes of people. Imagine that standing.
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