Home -> Law Blog Directory -> Religion & Law Blogs -> Constitutionally Correct

Religion & Law

: Constitutionally Correct

National Review Online: Judge Walker?s phony facts

By Alliance Alert

National Review Online Editorial: "[T]he deeper game Judge Walker is playing unfolds in those many pages of 'fact finding' that make up the large middle of his ruling. There, through highly prejudicial language that bears little relation to any fact, the judge has smuggled in his own moral sentiments ? in precisely the part of his opinion that would normally be owed a large measure of deference in the appellate courts. To take one example: It is hardly an incontrovertible fact that 'Proposition 8 places the force of law behind stigmas against gays and lesbians.' But there it is, as finding No. 58. With 'facts' like these, and appellate judges disinclined to question them, Judge Walker plainly hopes to propel this case toward a gay-marriage victory, regardless of how transparently weak his legal conclusions are."

Full post as published by Constitutionally Correct on August 06, 2010 (boomark / email).