Judge who struck down Prop 8 advised to stay away from Supreme Court case

Next week’s Supreme Court arguments on gay marriage are certain to be a media circus, and blogger Patterico has uncovered emails that give a peek behind the curtain at the setting of the stage. Of note: Ted Olson, lead co-counsel of the American Foundation for Equal Rights, and his law partner recommended that retired federal judge Vaughn R. Walker, who struck down California’s Proposition 8, stay away from the proceedings lest he be an “unwanted distraction.”

@patterico If he attends the trials will he be a distraction? Given his BIG role in overturning Prop 8, of course he’ll be a distraction.

— Sarah Nelson (@sarahsside) March 22, 2013

EXCLUSIVE: Prop. 8 judge sought Ted Olson’s opinion on whether to attend Supreme Court gay marriage arguments. patterico.com/2013/03/22/exc…

— Patterico (@Patterico) March 22, 2013

Patterico notes in his post that while he is a supporter of gay marriage, the emails, which make note of Walker’s “personal situation, even though now irrelevant” (he’s gay) and high profile, suggest “an emotional investment in the outcome of the case” from a judge who many thought should recuse himself from the Proposition 8 case.

So, what do Patterico’s readers think?

Kudos to @patterico for today’s item on Judge Walker’s cozy relationship with anti-Prop 8 legal team. patterico.com/2013/03/22/exc…

— Bruce Hausknecht (@BruceHaus) March 22, 2013

@patterico More evidence Walker was biased,knew he was biased,& should have recused himself for actual bias & the”appearance of Impropriety”

— novaculus (@novaculus) March 22, 2013

@patterico Situations like Judge Walker’s in the Prop 8 case are exactly why the “appearance of impropriety” standard was established.

— novaculus (@novaculus) March 22, 2013

@pattericoWalker’s decision to accept the Prop 8 case also supports the common sense notion that biased judges can’t be trusted to recuse.

— novaculus (@novaculus) March 22, 2013

@michellemalkin @pattericoUnbiased JUDGE my ass.He should be removed from the bench now since he does not support the people.

— Richard Bleuze (@247wagering) March 22, 2013

@patterico I am more disturbed by a judge overturning what voters had passed using the ballot. This can set precedence for ALL issues.

— Sarah Nelson (@sarahsside) March 22, 2013

Read more: http://twitchy.com/2013/03/22/patterico-judge-who-struck-down-prop-8-advised-to-stay-away-from-supreme-court-arguments/