Wednesday, August 04, 2010

Quote of the day

Judge Walker has, as expected, stricken Prop 8's ban on gay marriage in California. ("Has struck"?) The horse race will of course continue.

Quote of the day is from a Sully reader, making an observation on Walker's opinion:
What strikes me about Judge Walker's opinion is the amount of evidence he included there - numbered, paraphrased facts with direct citation to and quotation from the trial record. As a lawyer, I can't say that I have ever seen a judge include that much of the trial transcript in an opinion. He would have done this to make his record so that when the case is appealed - as everyone knows it will be - he has included enough direct evidence produced at trial to support his application of the law. His clerks made that trial record their bitch, and Judge Walker took that dog for a walk.
Those not caring to peruse the 138 (or 136)-page opinion may wish to look at the "key language" flagged by Orin Kerr; those who wish to sample wingnut wrath, may wish to look at the comments to Kerr's post.

... Bryan Garner, Dict. of Modern Legal Usage: "stricken, though common as a past participle in much legal writing, is considered by the better authorities to be inferior to struck." Hmmm.

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