August 4, 2010

Perry Prevails

Judge Vaughn Walker has ruled today that California's Proposition 8 violates the Federal Constitution in Perry v. Schwarzenegger.  I'm pleased with the result but as yet unsure about the reasoning because I've not had a chance to read the 136-page opinion.  So far all I know is that Judge Walker found violations of the Equal Protections and Due Process clauses of the Fourteenth Amendment -- which seems right to me, but again, I want to read it before I opine.

1 comment:

Mike said...

I doubt this is going to matter much for the appeals. Walker was blatantly one-sided in trial testimony, likewise again in maligning one side against the other in deciding "credibility" for his Findings of Fact.

Also, the fact that the AG committed dereliction of duty by pulling out of the lawsuit, and Walker was very dishonest in barring a number of groups from contributing to the defense (essentially hamstringing the defense while allowing the plaintiffs access to amazing amounts of resources) won't bode well when it goes upwards.