Tag Archives: Judge Vaugh Walker

Ninth Circut Court of Appeals Consolidates Two Prop 8 Cases Together To Expedite Rulings

The Ninth Circuit Court of Appeals has announced that it is consolidating two pending Proposition 8 Cases in hopes of expediting rulings on both .

The cases are a plea to overturn the Walker decision that Prop 8 was unconstitional and the other is also an attempt to overturn Walker’s ruling, but with the argument that Walker should have disqualified himself from ruling on the case because he is gay.

 Lyle Denniston of the SCOTUS blog writes:

In a brief order, a three-judge panel consolidated cases that both carry the case title Perry, et al., v. Brown, et al. (Circuit dockets 10-16696 and 10-16577).   Both are challenges, but for different reasons, to a federal District Judge’s ruling in August 2010 nullifying the ballot measure adopted by the state’s voters in 2008

Both cases involve appeals by the sponsors and promoters of Proposition 8.   Those backers, as well as the same-sex couples who had challenged the ban, had told the Circuit Court that they were in favor of consolidating the two cases, so long as it did not result in a delay in the Circuit Court’s review.   By agreeing to consolidate the two proceedings, the Circuit Court at least implied that there would be no delay by going forward with them together

Its expected that the Court will move quickly on a decision.  But that’s been said for the past 4 years that these cases have been moving back and forth within the judicial system

If indeed the Ninth Circut DOES uphold Walkers ruling that Prop 8 is unconstitutional.  Expect Prop 8 backers to file a stay and also file an appeal with the the Unites States Supreme Court which if a stay is granted, would once again stop further same sex marriages in California until SCOTUS decides weather or not to rule on the case.

U.S. District Court Judge Vaugh Walker To Retire

U.S. District Court Judge Vaughn Walker, who  in August,ruled that Proposition 8, the 2008 referendum banning same-sex marriage in California, is unconstitutional ban on same-sex marriage, plans to leave after more than two decades on the bench. 

Walker, 66, plans to return to the private sector, the Los Angeles Times reported Wednesday.

“I think he believes that he’s accomplished what he’s set out to accomplish, and now he’s interested in living the rest of his life and not being chained to a court calendar,” U.S. District Judge Charles Breyer said. He said Walker seems to be in good health and is not being “hounded out” by critics of his marriage ruling

In a letter to President Obama announcing his retirement, Walker said, “Concluding 21 years of judicial service, I leave the bench with the highest respect and regard for the federal judiciary, its judges and their staff and the essential role they fulfill in our constitutional system.”

Walker has been chief judge of the federal court in San Francisco for the past six years. The press officer said his decision to leave is unrelated to the Proposition 8 suit and that details about his future plans may be released in coming weeks.

Thank you Judge Walker for your courage and doing what was right.

Cue the Press Releases from Brian Brown, Maggie Gallagher, and all the other Anti-Gay Marriage hate groups lying. spinning and calling this a “victory”

Read The Official Transcript of Perry v. Schwarzenegger – Prop 8 Closing Arguments

After yesterdays closing arguments in the Perry v. Schwarzenegger – Prop 8 trial Judge Vaugh Walker is expected to rule in Perry v. Schwarzenegger in a few weeks.

Yesterday, Reuters reported on the defense’s (Charlie Cooper’s and the bad guys) stunning (and assinine) statement that they did not need any evidence to prove the purpose of marriage:

Conservative Charles Cooper led the defense, arguing that it is reasonable to fear that allowing same-sex marriage would undermine heterosexual marriage and self-evident that the purpose of marriage was procreating and raising children.

“You don’t have to have evidence” to prove that the purpose of marriage is to bear and raise children, he said in the closing arguments, citing legal precedents.

Months earlier, he had surprised the court by saying he did not know how gay marriage would hurt heterosexuals — and that he did not need to know in order to win the case.

“At the end of the day, ‘I don’t know’ and ‘I don’t have to present any evidence,’ with all respect to Mr. Cooper, doesn’t cut it,” responded Olson on Wednesday.

Walker subjected Cooper to a barrage of questions, turning the lawyer’s closing arguments into a cross-examination about the purpose of marriage, the state’s role, and whether gays deserve special court protection akin to racial minorities.

Cooper contended that the only way to invalidate Prop 8 was to prove there had been absolutely no good reason, or rational basis, for millions of Californians to back it.

Below  is the official transcript from yesterday’s closing arguments:

June 16th Set As Federal Prop 8 Closing Arguments Date……FINALLY

Today Judge Vaughn Walker in Perry v Schwarzenegger set closing arguments for June 16th.   Prop 8 Trial tracker reports that the defense also apparently made a motion to suppress some of the testimony presented by the now infamous crazed lunatic “Dr. Tam”

Besides setting a date for closing arguments, Judge Walker set a date for the defense counsel to submit their motion to suppress at least part of Dr. Tam’s testimony. As you recall, Dr. Tam was the right-wing San Francisco minister who believed that his kids will turn gay if marriage equality was allowed to remain. We’ll find out on May 7th how much of the testimony they want stricken from the record, and what is their basis. Our side will have until May 10th to then file an objection.

Dr. Tam himself was evidence that Prop 8 was driven by animus and a hatred of homosexuals, which would be enough to strike Prop 8 — even under the more lenient “rational basis” grounds set up in Romer v. Evans (1996.) But while Dr. Tam’s testimony is damning and it should be kept in, there was a whole lot of other evidence that our side presented. In fact, when it came time for the defense to produce their “experts,” there wasn’t a whole lot of reason they could provide.  So basically all they are doing now is trying to hide anything and everything that proves that they are bigots, nazis, and hateful assholes.

Prop 8 Trials Closing Arguments MIGHT Be Televised.

Olsen and Boies

The San Francisco Chronical reports that Federal judges in the Bay Area are revisiting the question of cameras in the courtroom, and the timing could affect the Prop 8 trial’s closing arguments and could possibly result in it being televised.

“Despite a rebuff from the U.S. Supreme Court, the Bay Area’s federal judges are again proposing to allow cameras in their courtrooms, a plan that could lead to telecasting of closing arguments in a suit challenging California’s ban on same-sex marriage. The U.S. District Court in San Francisco has posted a rule change on its Web site that would allow its judges to take part in a pilot program of airing selected non-jury civil trials. The public comment period began Feb. 4 and ends next Thursday…If his court approves the new rule next week, Walker could allow camera coverage of the arguments along the lines of his previous order, subject to approval by Alex Kozinski, chief judge of the Ninth U.S. Circuit Court of Appeals. Telecasting of lawyers’ arguments, without witness testimony, might pass muster with the Supreme Court, which hasn’t objected to televised hearings of arguments before the Ninth Circuit.”

The final round of briefs in the case are due this Friday, and Walker is to schedule closing arguments once that date arrives.  So lets keep our fingers crossed that this plays out so we can watch Olsen and Boies kick some homophobe ass!

Liberty Counsel Cretin And Wingnut Fat Matt Barber Of The Liberty Council Calls Of Judge Vaugh Walkers Removal From Prop 8 Case Because He Is Gay.

It didn’t take long.  But now that its “publically” known that Judge Vaugh Walker who is residing over the Prop 8 Trial is a “Friend of Dororthy” the wingnuts are coming out of the woodwork to use that fact to lessen any favorable decision in the case.

Below Anti-gay Liberty Counsel wingnut Fat Matt Barber weighs in heavily on Walker.

From Catholic Online

“The revelation that Judge Walker apparently chooses to engage in homosexual conduct, if true, would explain much of his bizarre behavior throughout this trial,” said Barber.

“At every turn he’s displayed extreme bias in favor of his similarly situated homosexual activist plaintiffs. These individuals have eschewed the democratic process and seek to employ like-minded judicial activists to radically redefine the millennia-old definition of natural marriage.

“Enter Judge Walker. In unprecedented form, and to plaintiffs’ delight, he has created a circus-like atmosphere throughout. He even violated federal rules by deciding to allow the trial to be broadcast worldwide, but was subsequently shot-down and sharply rebuked by the U.S. Supreme Court for doing so.

“Unfortunately, the damage was already done,” continued Barber. “Prop 8 supporters lost around two-thirds of expert witnesses who, naturally – based on homosexuals’ violent reaction to passage of Prop 8 – feared for their own safety and for that of family members.

“Judge Walker then ordered Prop 8 proponents to disclose private communications, work product, emails and campaign strategies to plaintiffs while – in an example of jaw-dropping inequality – permitted plaintiffs to keep the same materials secret.

“He also allowed plaintiffs a parade of ‘expert’ witnesses who viciously maligned Christians and other observers of natural and historic sexual morality as ‘prejudiced,’ ‘bigoted’ and ‘homophobic.’

“This is no different than having an avid gun collector preside over a Second Amendment case,” continued Barber, “or a frequent user of medical marijuana deciding the legality of medical marijuana.

‘Any decision favoring plaintiffs in this case will be permanently marred and universally viewed as stemming from Judge Walker’s personal biases.’

There’s just so much wrong with this massive gas bags argument that I don’t even know where to start.  So lets start with the obvious.  Some people are gay Matt.  Get over it and using your insane (un)logic is like saying that an African American judge could never sit on a Civil Rights case, a female judge could not decide an abortion case, a christian judge could now sit on any case involving religion, and a fat judge could not sit in on a trial on obesity.  Oh and please feel free to send documentation of any violent straight bashings (“based on homosexuals’ violent reaction to passage of Prop 8 – feared for their own safety and for that of family members.”) that happened after Prop 8 passed.  I must have been absent that day you fat fuck.