United States District Court for the Northern District of California ruled that Proposition 8 is unconstitutional. The court's opinion is meticulous. The opinion reveals that the lawyers were extremely careful to create a record to support every contention asserted and to undercut the myths of the Prop 8 proponents.
Because the court and the lawyers grounded findings in the trial court record, the Ninth Circuit should uphold it.
The Supreme Court? Unfortunately, these days, the only rule that seems to control the U.S. Supreme Court is the "Rule of Five." By that, I mean that the Supremes seem unbound by any legal standards and perform legal gymnastics to reach the results that five of them want. The Rehnquist Court was the most activist in our nation's history, and the Roberts Court seems to be following its lead. Nevertheless, the care and seriousness with which the parties and the court addressed Proposition 8 might require the Five Supremes to bend and twist like Cirque du Soliel to circumvent the trial court record.
Jeff Merrick, Oregon Trial Attorney
503-665-4234
