Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

The Boies/Olson Lawsuit

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU
 
babylonsister Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-28-09 06:44 PM
Original message
The Boies/Olson Lawsuit
Edited on Thu May-28-09 07:00 PM by babylonsister
http://www.anonymousliberal.com/2009/05/boiesolson-lawsuit.html

The Boies/Olson Lawsuit
The Anonymous Liberal


Bill Araiza at PrawfsBlawg has a interesting post about the Boies/Olson gay marriage lawsuit that was filed in California yesterday. He echoes my thinking on the subject. Though Boies and Olson received a lot of favorable press yesterday, it's not at all clear to me that they're acting either wisely or altruistically in filing this lawsuit.

The groups that have been tirelessly fighting for marriage equality over the last decade have deliberately avoided filing federal lawsuits. They reason, correctly I believe, that the groundwork has not yet been laid for victory at the federal level. They know that the odds of the Supreme Court issuing a Loving v. Virginia type of opinion with respect to gay marriage will be greatly enhanced if, at the time the case is heard, gay marriage is legal in a majority of states and supported by a majority of the population. If the Court rules on the issue before that happens, there's a real risk that it will issue an opinion that sets the cause back, maybe for decades.


So instead of filing federal lawsuits, marriage equality advocates have been patiently pursuing a state-by-state strategy, a strategy that has recently begun to pay real dividends.

By filing this lawsuit, Boies and Olson are throwing a wrench into that strategy. They're taking a very big risk. Some have even suggested that this lawsuit is a cynical ploy to have this issue litigated at the federal level before the time is right. I don't think that's the case. I think Boies and Olson are sincere in their beliefs and want to win. I do think, however, that they are knowingly taking a big risk because they want to be the lawyers whose names are forever attached to the landmark opinion creating marriage equality. They want to be the Thurgood Marshalls of this particular civil rights issue, even though they are latecomers to the cause. In other words, they are grandstanding.

My best guess is that they're gambling that we are nearing a tipping point on gay marriage and they want to be the first lawyers to get their case all the way to the Supreme Court. They're gambling that by the time that happens, the political environment will be ripe for a Loving v. Virginia type of decision. I don't know if that's true. I've written here before that I think we'll see such a decision within ten years. But within 2 to 4? I don't know.

As Professor Araiza puts it, Boies and Olson have "grabbed a baby out of someone else's hands and are running pretty fast with it. I really hope they don't drop it."

UPDATE: In Boies and Olson's defense, they likely also believe that, given their own reputations and skill as Supreme Court advocates--as well as their reputations within the political world--a suit brought by them would stand a better chance of succeeding than one brought by the interest groups that have long been linked to this particular cause. I think that's true, and when this issue eventually does make its way to the Supreme Court, this would be the team I'd want representing the marriage equality side. I just question whether now is the right time to start this train rolling. Like I said, this is a big gamble.
Printer Friendly | Permalink |  | Top
immoderate Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-28-09 06:51 PM
Response to Original message
1. This makes sense to me.
I liked the way Boies and Olson presented their arguments. But it has the feeling of "jumping the gun." I'd like to see prop 8 reversed by the electorate first.

--imm
Printer Friendly | Permalink |  | Top
 
babylonsister Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-28-09 06:52 PM
Response to Reply #1
2. I wish them both well, but hope they're not going to be creating
delays by trying to help.
Printer Friendly | Permalink |  | Top
 
Ediacara Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-28-09 06:55 PM
Response to Original message
3. I wish them the best of luck, but unless Scalia or Thomas retire right now, we're unliklely...
... to get a favorable court ruling.
Printer Friendly | Permalink |  | Top
 
stillcool Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-28-09 06:59 PM
Response to Original message
4. I don't think it's either or...
but both. I would think the more states that pass equal rights laws, the easier it will be to argue for those rights.
Printer Friendly | Permalink |  | Top
 
babylonsister Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-28-09 07:04 PM
Response to Reply #4
5. I think the OP is concerned about the timing. nt
Printer Friendly | Permalink |  | Top
 
stillcool Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-28-09 07:35 PM
Response to Reply #5
6. I share the concern with intent...
more than the timing, but I don't know how long the legal process takes to unfold.
Printer Friendly | Permalink |  | Top
 
babylonsister Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-28-09 09:20 PM
Response to Reply #6
7. The special interest groups wanted to get a majority of states on
board first. That's not going to happen overnight, though there has been lots of progress.

The word 'grandstanding' keeps standing out for me, as far as the intent.
Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Thu Oct 31st 2024, 06:12 PM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC