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:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas. :: bloghome | E-mail me ::

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    :: Monday, January 11, 2010 ::
    The Ted Olsen-initiated Prop. 8 trial -- which, if successful up to the Supreme Court, would make same-sex marriage the "law of the land" by virtue of the 14th Am. Equal Protection Clause, overturning all state laws against it and the wave of recent state legislative votes rejecting it -- starts tomorrow, pending a possible Supreme Court ruling on (George H. W. Bush appointee) Judge Vaughan Walker's bizarre need to have the trial broadcast on YouTube.

    NRO's Ed Whelan explains: Judge Walker’s “Immediate Need” for a YouTube Circus—Part 3

    I am informed separately that one amicus supporting Prop. 8 has already pulled out due to threats to his family. As Whelan understates it: if there was ever a case in which the traditional American presumption against the broadcasting of trials, a presumption still officially favored by the U.S. Judicial Conference, ought to prevail, this is it.

    :: David M. Wagner 1:27 AM [+] ::

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