Ed Whelan on Unsealing the Tapes: "The Latest Step in the Anti-Prop 8 Farce"


He writes on the topic extensively at NRO's Bench Memos:

"...Walker’s and Ware’s actions are plainly inconsistent with the reasoning of the Supreme Court’s January 2010 order. The Supreme Court credited the witnesses’ fear of harassment and specifically stated that “witnesses subject to harassment as a result of broadcast of their testimony might be less likely to cooperate in any future proceedings.” Walker and Ware have done as much as possible to make that harassment a reality, yet Ware dismisses the effect on witnesses as “mere unsupported hypothesis or conjecture.”

In the grand scheme of things, Walker’s shenanigans (now abetted by Ware) on the video recording of the anti-Prop 8 trial pale in comparison to Walker’s outlandish decision on the merits. But they are part and parcel of Walker’s broader course of misconduct in what deserves to be recognized as the most egregious performance ever by a federal district judge."