Tuesday, August 25, 2009

Continued commentary on Perry v. Schwarzenneger

In Perry v. Schwarzenneger, the federal challenge to Prop. 8, Judge Walker dismissed motions to intervene by would-be plaintiffs and defendants, and scheduled the case for trial on January 11th. Here is a roundup of continued commentary on the case.

08/23/09 hunter of justice, by law professor Nan Hunter:

Professor Hunter asks these questions:

1. "What will the ramifications (if any) be of placing the control of one of the biggest ever lgbt rights lawsuits in the completely private, non-transparent realm of big firms?"

2. "[W] ill the Perry case ultimately be only about California, litigated in a way that its only possible impact will ever be on California?" (Litigating the case this way, I think, represented the legal strategy of the three gay rights groups that tried to intervene on behalf of proposed plaintiffs.)

3. "[W]hat will the impact be of Perry on the effort to repeal Prop 8?"

08/22/09 Seattle University Law School Cases and Commentary:

Law professor Julie Shapiro also focuses on the question of control:
Boies and Olson answer only to a (presumably) hand-picked board of directors that is far less representative than any of the LGBT legal groups might be. Even if Boies and Olson are well-meaning, is there any reason for confidence that they will make their choices in a manner that will be generally beneficial to LGBT people? Or that, given their lack of experience in this regard, they will even think the choices through critically?

1 comment:

Phillip Minton said...

In a shameless show of self-promotion, I'll link here a piece I wrote on the case shortly before the July 2nd hearing. I asked the Plaintiff's lawyers Hunter's last two questions and got some good responses. The first obviously couldn't have been answered yet since the motions to intervene hadn't even been filed.

Here's the article: "July 2nd Could Spell The Beginning of the End for Prop 8 - Unite the Fight Talks to the Team Behind the Federal Case Against It.

Commentators, Subjects and Cases