Jun 142011
 

To nobody’s surprise, the anti-same-sex marriage contingent’s attempt to retroactively recuse Judge Walker was crushed like an ugly, ugly bug today. And in less than 24 hours. You know how hard it is to get a judge to rule that fast? I, for one, am flush with envy.

There wasn’t anything particularly innovative about this tactic; defense firms use it all the time. Find out that the judge has some vague possible reason that could be inflated into bias, but hold it back in case you lose, at which point you pretend you just found out about it and want a do-over.  It almost never works, because judges are presumed impartial and there has to be a very clear, and very direct, showing that the judge got something out of the ruling.

Of course, it did make for some entertaining oral argument, and by “entertaining” I mean “I can’t believe these bozos thought they had an argument.”