Liberty Counsel head Mat Staver is ever so pissed at the GOP legal team that defended DOMA before the Supreme Court.
The merits of the traditional marriage argument are strong in both cases, according to Staver, but he was not at all impressed by the oral presentation in defense of Proposition 8 by attorney Charles Cooper. “Cooper did a terrible job, both in terms of his oratory delivery and was horrible on the substance,” Staver said. “He was asked a question, ‘What is the reason why marriage is different or unique? Why would states want to protect marriage?’ He didn’t come up with an answer. (Justice Antonin) Scalia then threw out the answer about how children do better when they’re raised with a mom and a dad. “They didn’t know why that has not been presented in the brief. (Justice Elena) Kagan and Scalia had mentioned that to Cooper and Cooper had a home run that he could have knocked out of the park.” Staver said Cooper failed to make a stronger argument because of an attempt to argue the case on limited grounds.