Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—May 27

Ted Olson, representing the opposition to California’s Proposition 8, speaks during appeals hearing on the measure’s validity at the 9th District Court of Appeals in San Francisco December 6, 2010. (Eric Risberg/Pool/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.

Ed Whelan — Ed Whelan is a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law.

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