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Bench Memos

NRO’s home for judicial news and analysis.

This Day in Liberal Judicial Activism—May 27



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2009—Odd bedfellows, indeed! Supposed constitutional conservative Theodore B. Olson, solicitor general under President George W. Bush, betrays the legal principles that he has purported to stand for over the course of his public career as he joins forces with liberal David Boies, his adversary in Bush v. Gore, to file a lawsuit asking a federal district court in California to invalidate Proposition 8 and invent a federal constitutional right to same-sex marriage.



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