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October 13, 2009

Will Olson/Boies challenge to Prop 8 get tossed or proceed to trial?

The Wall Street Journal Law Blog and the San Jose Mercury-News report here and here on the latest developments in the high-profile federal challenge to California's Proposition 8. 

Backers of the anti-marriage amendment will argue in court Wednesday that a trial is unnecessary.  Among their arguments, they're hauling out the old chestnut that the 1972 case of Baker v. Nelson, which let stand (for lack of a "substantial federal question") a Minnesota Supreme Court ruling that rejected a legal challenge to a Minnesota law limiting marriage to a union between a man and a woman.

-SS

October 13, 2009 | Permalink

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