Defending Prop 8: The Meg Whitman, Steve Cooley Morass—with Insight from Lambda Legal's Jon Davidson

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August 22, 2010


"I've been a little surprised at the burst of attention over the 'news' that Republican gubernatorial candidate Meg Whitman and attorney general candidate Steve Cooley would defend Prop 8 in the federal trial, if elected and given the opportunity...

"Here's [Lambda Legal's Legal Director Jon] Davidson's analysis:

"'At the time of the oral argument that has been scheduled for the week of December 6th, even were Whitman or Cooley to have won the election, they will not have taken office—the new officeholders don't take office until Jan. 3, 2011.

"'In addition, at that point, the time to file an appeal from Judge Walker's ruling will have long passed. So, even were they to win, they would not be able to appeal Judge Walker's ruling if Schwarzenegger and Brown do not—and they have indicated they will not. In addition, Whitman and Cooley would not be able to participate in the oral arguments as parties.'"

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