Bench Memos

My Assessment of the Prop 8 Oral Argument

It’s usually foolhardy to try to infer much from an oral argument. So I’ll limit myself to saying that, on my review of the transcript and my mid-stream review of the audio, I’m much more optimistic than some commentators that the Court will find that Prop 8 proponents have standing and will vote to uphold Prop 8.

Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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