Bench Memos

Re: An Open Invitation to Walter Dellinger on Prop 8 Standing

I’m sorry to pass along that Walter Dellinger and his counsel of record, Georgetown law professor Irv Gornstein, have declined my offer to post a response that they would make to my critique of their amicus brief against standing in the Prop 8 case. Here’s their note, which they have invited me to quote:

Ed — Thank you for offering us the opportunity to respond to your critique of our brief.  While Irv and I appreciate the offer, we think that it is best for our brief to speak for itself.  Thank you for linking to it.  Walter

My own admittedly biased judgment is that my critique refutes their entire argument against standing. I expect that a fairminded reader would conclude, at the very least, that it raises serious questions that invite a serious response.

I’ll simply say that if I were in Walter’s shoes and if I had any powerful points to make, I would be eager to do so. Conversely, if I realized that I didn’t have any effective rebuttal points, I would write a note like Walter’s.

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