In an upcoming discussion of the Perry case, law professor Sam Marcosson will contend that
[d]espite its strength on the merits, and even despite the undoubted quality of the attorneys handling the case, the plaintiffs’ chances of success are exceedingly small. Indeed, the best that advocates for LGBT rights can realistically hope for is that the case never reaches the Supreme Court at all, or that if it does, the Court ends up not deciding the case on the merits. This is a case study in the necessity of effectively and carefully judging the litigation landscape, and of learning the lesson that Thurgood Marshall and the NAACP Legal Defense Fund taught us more than half a century ago: few qualities are more important than patience in a legal struggle for civil rights and equality. In bringing the Perry case, Boies and Olsen forgot that lesson.
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