Become a Fan

twitter / LegalPadblog

LAWJOBS.COM S.F. BAY AREA JOB LISTINGS

« Time to Second Guess the U.S. News Rankings | Main | Paralegal Seeks New Trial on Defamation Verdict »

September 17, 2010

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d8341d052253ef01348773b825970c

Listed below are links to weblogs that reference First Prop 8 Amicus Brief Raises Walker's Orientation:

Comments

Maria Allison

I'm not a lawyer, so maybe I'm misunderstanding something here. Is this just an argument they presented because they don't have any real arguments? First, this is at best speculative. But even if the Judge is gay, how does that prove bias in terms of the law itself. Moreover, this argument seems to infer that interpretations of law are based on sexual orientation. How is this any different from arguing bias in front of a judge who is African-American on race discrimination cases, or for that matter cases involving hate crimes. How is this different from arguing that a judge who is a woman is biased on cases involving gender discrimination or reproductive rights.

THE KAT

FIRST OF ALL LETS GET THE ANALOGY RIGHT "ITS LIKE A BLACK JUDGE FOR THE FIRST TIME HEARING A CASE OF SEPERATE BUT EQUAL IN THE 1940". SECOND GET OVER IT A FED JUDGE AND OTHER JUDGES BRING THEIR HUMAN EXPERIENCES TO THE BENCH AND SOMETIMES THEY INFLUENCE THEIR DECISIONS I.E. THATS WHY SUPT CT NOMINATIONS ARE POLITICAL. I BELIEVE THE STANDARD IS "AN APPEARANCE OF A CONFLICT" AND THE ANSWER IN THIS CASE IS YES.

Stephen Samuel

In this case, being either straight or gay could be termed a bias by the other side -- which means that if this challenge goes through as portrayed, nobody would be able to preside over the case.

More the question would be whether he has shown any clear bias -- yeah or nay on gay issues. If not, then his orientation should not be an issue. In any case, this is going to an upper court, so both his orientation and even his decision are mostly moot. Most important (as he intimated) is the record on file.

The comments to this entry are closed.


  • lawjobs
    Search For Jobs

    Job Type

    Region

    Keyword (optional)

February 2014

Sun Mon Tue Wed Thu Fri Sat
            1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28