Friday, August 14, 2009

Attorneys in Perry case fail to identify specifics about how it will proceed

08/13/09 LawDork:
In a brief, pointed order (pdf), U.S. District Court Judge Vaughn Walker on Wednesday made clear that he did not get what he wanted from the parties’ most recent filing in the Perry v. Schwarzenegger Proposition 8 court challenge.
08/12/09 AP / Gay Marriage Watch

In his August 12th order, Judge Walker told attorneys on both sides that they still have not provided requested "specifics" on how the Perry case should proceed, including specific elements of their claims or defenses. He has ordered the attorneys to submit case management statements by August 17th.

As the AP also reports,
The governor and attorney general, who are supposed to defend state laws, submitted separate but similar filings Friday saying they would leave it to the conservative legal group the Alliance Defense Fund [and co-counsel Cooper & Kirk] to take the lead in defending California's gay marriage ban.
08/12/09 Family Research Council (FRC) blog / ADF Alliance Alert:

The Alliance Defense Fund filed an amicus brief on FRC's behalf in Strauss v. Horton. Here Chris Gacek, a senior fellow at FRC, faults "Ahnuld and Moonbeam" for failing to defend Prop. 8, and recommends that
some legislator can attempt to appropriate funds for Alliance Defend Fund’s legal efforts. It only seems fair that ADF should be reimbursed for doing the government’s work.

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