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9th Circuit to Olson/Boies: No access to Prop 8 internal docs

Timothy Kincaid

December 14th, 2009

On the 4th, we reported that a three judge panel had blocked the turn-over of insider communication of the Proposition 8 supporters to Ted Olson and David Boies. Olson/Boies are suing to have Prop 8 declared in violation of the Federal Constitution and are using as part of their argument the fact that Prop 8 is primarily based in anti-gay animus.

But they will have to do so without access to documents that could prove that the campaign’s strategy consisted of inflaming anti-gay bigotry. (SFGate)

In a unanimous ruling Friday, the Ninth U.S. Circuit of Appeals tossed out the order that Chief U.S. District Judge Vaughn Walker issued in October against backers of Prop. 8, which state voters approved in November 2008.

Walker had said lawyers for two same-sex couples and a gay-rights group were entitled to see internal memos and e-mails between Yes on 8 strategists to look for evidence that the campaign had exploited prejudice against gays and lesbians.

The trial starts January 11th.



December 14th, 2009 | LINK

I don’t get why they should be allowed to hide all of that. I mean, it’s a political campaign to make a law. It should all be public record.

December 14th, 2009 | LINK

Sort of off topic, but does this bode well for the tenners?

December 15th, 2009 | LINK

Interesting legal analysis of the ruling here.

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