Dr. Morse on “What Judge Walker Didn’t Talk About”


Over at the Ruth Institute blog, Dr. J points out “the dog that didn’t bark” -- glaring omissions in Judge Walker’s Prop 8 ruling that Chuck Cooper nailed him on in the petition for a stay at the 9th Circuit.

Sherlock Holmes once famously said, “Watson, I call to your attention the curious fact of the dog barking in the night.” “But Holmes, there was no dog barking in the night.” “That is the curious fact.”

It is a curious fact that Judge Walker did not discuss any of the previous cases that deal with the constitutional questions before him. Chuck Cooper puts it this way, in his Emergency Motion seeking a stay of Judge Walker’s judgement invalidating Prop 8:  “Given that the district court did not cite a single case that had addressed these issues, one might think the court was deciding issues of first impression on a blank slate. Nothing could be further from the truth. . . .”

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