Friday, March 29, 2013

Daily Read: The Humor in the Prop 8 Perry Arguments

There's a wonderful "reprise" of the arguments in Hollingsworth v. Perry is available at Courtney Milan's Tumblr.

 

KennedybyDonkeyHotey
Justice Kennedy Caricature by DonkeyHotey
Milan, now an author of historical romance fiction, once a law prof, hits precisely the right tones for those already acquainted with the material.  Here's a bit from Milan's "truncated transcript":

 

 

SOTOMAYOR: So let me ask a real question. If marriage is a fundamental right, is the state ever allowed to limit it?

OLSON: Er…yes?

KENNEDY: Enough about gays and lesbians. Can we talk about me for a minute? Because I feel a little uncomfortable with this discussion. In fact, I’m kind of feeling like taking my swing-voting ball and going home. Who wants to dig the case?

[note: dig=acronym for Dismissed as Improvidently Granted]

OLSON: Uh. Kinda staggered here. You want to dig the case? We…we spent weeks preparing for this, the entire country is watching, millions of people could have their lives changed, and you want to dig the case?

KENNEDY: I’m just saying. Oh, Olson, you’re all out of time. Nice ending note, though.

 

Worth a read in its entirety.

RR
[h/t Darren Rosenblum]

http://lawprofessors.typepad.com/conlaw/2013/03/daily-read-the-humor-of-the-arguments-in-the-prop-8-perry-arguments.html

Courts and Judging, Current Affairs, Family, Sexual Orientation, Sexuality, Standing, Supreme Court (US) | Permalink

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Comments

This is great. I almost choked from laughter while reading it.

Posted by: Art Leonard | Mar 29, 2013 10:39:50 AM

I am shocked and upset that a former law prof would assail the dignity of the High Court in this fashion. When I stopped laughing and had changed my underwear after reading Ms. Milan's piece (I was alerted by my daughter, a law prof), I remembered that the legal geniuses, nay, the legal demi-gods on the Supreme Court actually used much more appropriate and precise legal terminology in their questioning at oral argument, such as referring to heterosexual marriage as "milk" and gay marriage as "skim milk." Why make fun of these august personages with fabricated exchanges, when they humiliate themselves with the actual language they use?

Posted by: Jeffrey G. Purvis | Mar 30, 2013 11:08:40 AM

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