Patterico at Patterico’s Pontifications has received copies of e-mails between retired Fededal District Court Judge Vaughn R. Walker and one of Ted Olson’s legal partners, demonstrating the depth of collusion between the judge who ruled that Proposition 8, the state constitutional amendment in California approved by the voters banning gay marriage was unconstitional, and Ted Olson who led the legal team seeking to overturn Proposition 8:
Vaughn R. Walker, the judge who struck down Proposition 8, California’s gay marriage ban, sought Ted Olson’s opinion regarding whether Walker should attend next week’s Supreme Court arguments on the gay marriage cases. Olson was one of the lawyers who successfully persuaded Judge Walker to strike down Proposition 8 after a trial held in 2010.
In December 2012 emails obtained exclusively by Patterico.com, Judge Walker, who retired in February 2011, asked Olson’s law partner to “ask Ted if he thinks my attending the argument would be an unwanted distraction.”
When Olson’s law partner responded that Olson thought Walker’s attendance would be a “potential distraction,” Walker agreed not to go, saying he understood Olson’s reaction and was not surprised by it. Walker described himself as “only moderately disappointed not to see the argument,” and added: “Ted’s argument will be spectacular, I’m sure.”
Judge Walker, a homosexual, was nakedly partisan throughout the proceedings at the trial level. Go here and here to see some examples. This case is now before the United States Supreme Court. The bias of Judge Walker was too much even for the Leftist Ninth Circuit. They upheld his ruling but on grounds that had nothing to do with his decision. The type of judicial bias displayed by Judge Walker is one reason so many people in society are developing a contempt for courts that attempt to “resolve” divisive social issues. I have been a member of the bar for more than three decades, and I fully share that contempt. Judge Scalia noted this bias accurately in regard to abortion:
None of these remarkable conclusions should come as a surprise. What is before us, after all, is a speech regulation directed against the opponents of abortion, and it therefore enjoys the benefit of the “ad hoc nullification machine” that the Court has set in motion to push aside whatever doctrines of constitutional law stand in the way of that highly favored practice. Madsen v. Women’s Health Center, Inc., 512 U.S. 753, 785 (1994) (Scalia, J., concurring in judgment in part and dissenting in part). Having deprived abortion opponents of the political right to persuade the electorate that abortion should be restricted by law, the Court today continues and expands its assault upon their individual right to persuade women contemplating abortion that what they are doing is wrong. Because, like the rest of our abortion jurisprudence, today’s decision is in stark contradiction of the constitutional principles we apply in all other contexts, I dissent
The law only works as a means of ordering societies if those living under it believe that it will be applied neutrally and fairly. Social conservatives have been given endless evidence over the past half century to believe that when it comes to their concerns judge made law as applied to them is neither neutral nor fair.