On November 2nd, Judge Walker held a hearing on a discovery dispute in Perry v. Schwarzenegger, the federal lawsuit challenging the constitutionality of Prop. 8. The dispute concerned whether the Prop. 8 proponents could withhold certain campaign communications about messages and themes they used to try to persuade voters. These communications may reveal the extent and effect of discriminatory intent in campaign strategy. Thanks to California attorney Rick Xiao for commenting on Walker's November 11th order to resolve the dispute, and for alerting me to the order:
After an in camera review, Judge Walker found that none of the documents submitted by Prop. 8 proponents were not protected from disclosure and ordered them to cull their inventory of documents and other materials in order to respond to plaintiffs’ document request.