Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—May 27

Same-sex marriage supporters outside the California Supreme Court in 2013. (Robert Galbraith/Reuters)

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 invent a federal constitutional right to same-sex marriage.

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