9th Circuit panel will hear arguments on releasing the videos and overturning Judge Walker’s decision based on gay bias
by Brian Leubitz
UPDATE: KQED Public Radio intends to livestream audio of the hearing at www.kqednews.org and www.kqed.org/news/
In just a few hours, Olson and Boies will be back in action, this time on two motions. First, Plaintiffs’ lead co-counsel Theodore B. Olson will present the oral argument advocating for the release of the trial tapes at 2:30pm PT. (Court release here) Plaintiffs’ lead co-counsel David Boies will present the oral argument regarding Proponents’ motion to vacate judgment at 3:30pm PT. I’m hoping to be on hand for those, but I expect competition for those seats to be a little tough. You can also check out the Prop 8 Trial Tracker for live coverage if I’m not able to make it.
If the appellate court does not block the video tape release, and there isn’t an emergency Supreme Court intervention, expect the courts to release those tapes shortly.
The motion to vacate is that silly one about Judge Walker not being able to rule fairly on the issue because he is gay. Judge Ware dismissed it curtly, and as I have written on several occasions (including here and here), it should receive pretty short shrift. The Prop 8 team is essentially arguing that minorities can not rule on civil rights cases that remotely affect them. I’m wondering if they would have the temerity to argue that a female judge couldn’t decide a gender case, or an African-American judge couldn’t decide a racial discrimination case. It should be, and likely will be, rejected almost out of hand.
More updates on this later today.
2:45: I’m at the court now, where the Prop8ers are presenting their case regarding the video. There basic argument is that they are very injured, and that the code of civil procedure trumps the common law right to access materials from the trial.
Judge2: you had two witnesses? Didnt they go on tv?