Ted Olson: Proposition 8 Decision "Judicial Responsibility in its Classic Sense"

Via Think Progress.

In this exchange, Ted Olson, who along with David Boies successfully led the legal challenge that overturned Proposition 8 banning gay marriage in California, told Fox News' Chris Wallace that it's not "judicial activism" when a judge follows the Constitution.

"Where is the right to same-sex marriage in the Constitution?" asked Wallace.

"Where is the right to interracial marriage in the Constitution, Chris?" replied Olson.

"The Supreme Court has looked at marriage and has said that the right to marry is a fundamental right for all citizens. So you call it interracial marriage and then you could prohibit it, no? The Supreme Court said no. The same thing here," Olson argued.

"The judge after hearing three weeks of testimony and full day of closing arguments and listening to experts from all over the world concluded that the denial of the right to marry to these individuals in California hurt them and did not advance the cause of opposite sex marriage," Olson added.

"This is what judges are expected to do. It's not judicial activism. It's judicial responsibility in the classic sense," emphasized Olson. 

As Olson and Boies have demonstrated minority rights cannot be subject to popular votes. 

Olson shot down every single argument that Wallace tried to advance. In the end Wallace conceded, “Mr. Olson, we want to thank you so much for joining us today. We’ll keep following your lawsuit. And I gotta say, after your appearance today, I don’t understand how you ever lost a case in the supreme court, sir.”


Tags: LBGT Issues, Ted Olson, Gay Marriage, Perry v. Schwarzenegger, Proposition 8 (all tags)



"Chris Wallace, just give up! You're way out of your league!"

That's all I could think while watching Ted Olsen eviscerate Chris Wallace.

Ted Olsen may be a conservative in real life, but he was magnificent in dismantling the Proposition H8 arguments using... conservatism. Life is strange.

The best quote? "[Chris], would you like FOX's right to a free press put up to a vote?"

Between that line and Boehner blending into the orange bookshelf behind if, Sunday morning was a thing of beauty.

by NoFortunateSon 2010-08-08 06:35PM | 0 recs
What I was thinking while watching this was:

"Chris Wallace is such a turd."

by jlars 2010-08-08 08:14PM | 0 recs
A small nuance here

Actually, Wallace says "Where is the... talk about the right to marriage, where is the right to same sex marriage in the Constitution?"  This is a very telling slip on his part, because he knows very well that the right to marriage itself is not specifically enumerated in the Constitution, though he won't call the 1888 decision "judicial activism."  This is a big deal because the conservative philosophy is to ignore the 9th Amendment (or equate it with the 10th) and minimize the 14th - if it isn't mentioned, it doesn't exist.  But how popular with legal conservatives be with less educated social conservatives if they say that marriage is not a fundamental right protected by the Constitution?  Wallace almost blew it.

by Drummond 2010-08-08 08:49PM | 0 recs


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