Two days ago, the Ninth Circuit revealed its time allotments for oral arguments in the gay-marriage case. Today, Theodore Olson, told the court how he wanted things to go down.
The Ninth Circuit said the court would hear two hours of arguments, with the first hour dedicated to standing and the hour second to the merits. The court further divvied up the time in a way that doesn’t sit well for Olsen, the lead attorney at Gibson Dunn who headed up the effort on behalf of a pair of gay couples.
“Rather than treat the two pending appeals together and divide the argument into equal sessions on standing and the merits, plaintiffs respectfully submit that the importance of the merits issues in this case warrants treating the two appeals separately,” Olson writes. “Moreover, the court can establish the amount of time to be spent on standing issues in connection with the proponents’ appeal through its questions at oral argument.”