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11/29/2010

Prop 8 backers now free to insert names into pre-written '---, ---, & --- are judicial activists' press releases

by Jeremy Hooper

Screen Shot 2010-11-29 At 3.04.38 PmThe Ninth Circuit panel that will hear the Prop 8 appeal (December 6 at 10:00 a.m Pacific time) will consist of Stephen Reinhardt, Michael D. Hawkins, and N. Randy Smith, per an announcement this morning. And not surprisingly, social conservatives are already starting to worry/spin the "judicial activist" meme.

This from Ed Whelan:

Reinhardt (appointed by President Carter in 1980) may well be the most aggressive liberal judicial activist in the nation—and the most reversed judge in history. Hawkins, a 1994 Clinton appointee, is also regularly on the Left on the Ninth Circuit. Smith, who was appointed by President George W. Bush in 2007, is much more of a judicial conservative.

With two hard-core liberals, the panel is a fairly typical Ninth Circuit draw—which is to say, a bad one for supporters of Prop 8.

ED WHELAN: Bad Ninth Circuit Panel for Prop 8 Appeal [NRO]

Of course the truly bad draw for supporters of Prop 8: Supporting Prop 8 at all! Every other "win" or "loss" is but a contrivance.

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