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09/23/2011

NOM's new Chair: Cited Judge Walker's ruling as path to SCOTUS win (for us)

by Jeremy Hooper

NOM's new Chair, John Eastman, speaking to the Los Angeles Times back in August of 2010:

At least some legal experts said [Judge Walker's] lengthy recitation of the testimony could bolster his ruling during the appeals to come. Higher courts generally defer to trial judges' rulings on factual questions that stem from a trial, although they still could determine that he was wrong on the law.

John Eastman, a conservative scholar who supported Proposition 8, said Walker's analysis and detailed references to trial evidence were likely to persuade U.S. Supreme Court Justice Anthony M. Kennedy, a swing vote on the high court, to rule in favor of same-sex marriage.

"I think Justice Kennedy is going to side with Judge Walker," said the former dean of Chapman University law school.

Ban on gay marriage overturned [LA Times]

So will Eastman stick to this, now that he's in a position that's dependent on criticizing Walker's ruling and fundraising around the idea that a Supreme Court victory for equality is in no way inevitable? Or will NOM put all of its eggs towards delaying the appeals process, in hopes that another Justice might retire under a theoretical Republican President?

Should be interesting, even if simultaneously maddening.

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