What’s Really Behind the Supreme Court’s Decision to Block Access to the Prop 8 Trial?

01/15/10 WordinEdgewise, by law professor John Culhane:

I could live with a contrary decision, though, if it were truly grounded in an argument about procedural deficiency. But the more I study the Court’s opinion, the more convinced I become that this had little to do with procedure ... [H]ere’s one guess as to the difference the Court saw as important, but the one it dare not speak aloud: Public appearances can be sensational ... Sober public education, in other words, is the mortal enemy of the anti-equality forces ...If I’m right about what the Court was really worried about, it’s time to ask: Are Ted Olsen or David Boies, whose politically tone-deaf idea this lawsuit was, starting to have second thoughts about “getting to 5″ (votes)? Probably not.

I provide updated commentary on U.S. Supreme Court ruling in Hollingsworth v. Perry, 558 U. S. _ (2010) (09A648)