Tomorrow morning District Court Judge Vaughn Walker hears final arguments in Perry Vs. Schwarzenegger, the long-running trial to overturn Proposition 8. Last week Walker may have tipped his hand when he issued a list of 39 questions he wanted answered by both sides.
“If the questions are any indication, the Walker opinion will be a blockbuster, at least in terms of its scope, depth and detail. Court decisions generally take an analysis far enough to resolve the particular issues presented, but no farther. But from the beginning of this case, Judge Walker has indicated a willingness to dig deeper, by forcing both sides – plaintiffs and defendants initially both resisted the demand for extensive evidence on the ground that it was unnecessary – to come up with evidentiary support for the kinds of quasi-philosophical arguments that make constitutional law so fascinating.”
Visit Karen Ocamb’s excellent LGBT POV for a dissection of what we can expect tomorrow. Closing arguments will not be televised, but reporters and advocates from both sides will be live-blogging and tweeting throughout the proceedings. I’ll be posting updates here all day long as they come in.