Bench Memos

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Oral Argument on California’s Proposition 8 Case


Tomorrow the California supreme court holds oral argument on the legal challenges to Proposition 8, which California voters adopted last November to enshrine traditional marriage in the state constitution and to override the state supreme court’s terrible decision from last May that concocted a right to same-sex marriage. I’ve expressed some thoughts on the issues in the case here and here. But, as I’ve said before, I make no predictions as to how the court will actually rule, as a court that can render the May marriage decision is capable of any sort of judicial malfeasance.


As this Los Angeles Times article explains, under the California supreme court’s procedures, the court is already very far along in its decisionmaking:


By now, the court already has drafted a decision on the case, with an author and at least three other justices willing to sign it. Oral arguments sometimes result in changes to the draft, but rarely do they change the majority position. The ruling is due in 90 days.

The live video of the oral argument (which begins at noon EST and 9 a.m. PST) will be available here, so if you want to see whether another nail will soon be driven into the coffin of representative government, tune in.

Tags: Whelan


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