Zenyatta! An LA Woman Runs For The Roses & History

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There is great football this weekend, both by student and professional athletes. Obviously, that should be discussed in comments. It’s what we do here. Bizarrely as it may be, this blog exists in its current form because of some weird joining of legal thought and passion for football, with a smattering of divine intervention by Phred and perhaps a few too many pitchers of Beamish. Go figure; that is the randomness of entropy and the blogosphere. Nevertheless, here we are.

And so, here we are and I serve up a prime weekend Trash Talk of horse. Sue me if you object; my attorney, Mary, she of midwestern common horse sense, will answer and defend. Aggressively.

The story of Zenyatta was first adopted and incorporated by the Emptywheel blog just over a month ago when she ran to defend her crown in the Lady Secret Stakes at Hollywood Park in the City of Angels, California. Well, we are all in now. So much so that we had an official liveblog reporter at Hollywood Park for the Lady Secret, Rosalind. Rosalind not only went to Hollywood for the Lady Secret, she took pictures and came to feel the force that is Zenyatta. Although a bit bottled up and not quite as focused as normal, Zenyatta brought the heart of the champion she is and closed out a win, and defense of her crown, in the Lady Secret.

The Lady Secret win at Hollywood park made Zenyatta an unprecedented 19-0 in her racing career. She won the Breeders Cup Classic last year; other than the Triple Crown races of the Kentucky Derby, Preakness and Belmont Stakes, the biggest, and arguably more annually competitive, horse race in the world every year. No woman had ever won this bring all comers race before, but Zenyatta closed out all the best boys in the world, in the biggest race in the world. In style.

Last years’ Breeder’s Cup Classic win made Zenyatta a star, and fixture among the greatest horses of all time, and almost certainly surpassing the truly remarkable and astounding Rachel Alexandra to take her place as the greatest filly of all time. But now comes the 2010 Breeders Cup Classic. Rachel Alexandra, other fillies, and indeed almost all other horses regardless of sex are either in the backseat, or paying damn close attention as Zenyatta makes a move on unquestionable immortality.

A second Breeders Cup Classic win against the best male horses the world has to offer would put Zenyatta in the untouchable category. Babe Ruth and Secretariat land. Where, arguably, no horse, male or female, has gone before. This is truly stunning stuff.

Now, I have no idea whether this horse can close the deal or not. But, at a remarkable and unprecedented 19-0, Zenyatta has earned the reputation, and buildup, that puts her in this position. Seriously. In spades. The last horse that came into a race like this with the weight of history and expectation of otherworldliness on it’s shoulders was Secretariat in the 1973 Belmont Stakes. We know what happened in that race.

So, we shall see. There is stiff competition from the boys (so to speak). She will have to beat some studs including Paddy O’Prado, Blame and, perhaps most significantly, Bob Baffert’s Lookin at Lucky. Despite her eternal greatness, the odds and history are stacked against Zenyatta. While there is almost no chance Zenyatta will pull away from a talented field like Secretariat did in the 1973 Belmont, may the modern day Pegasus fly to a win of any nature and history!

There is also, of course, college and pro football; not to mention the penultimate race in the F1 Circus this year, the Brazilian Grand Prix. Somewhat incredibly, Fernando Alonso of the real red animal, the prancing horse of Ferrari, leads Mark Webber of Red Bull by eleven points going into Sao Paulo. Red Bull is fast in practice, but it is Sebastian Vettel leading the way. With only this race and Abu Dhabi left in the season, the race is indeed on!

It has been a long hard slog this week folks, let’s rip this joint and trash it up!

The Logical Outcome of Juan Williams’ Legitimization of Irrational Fears

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As Adam Serwer noted, a family apparently dressed in Muslim garb was removed from a plane and questioned by the FBI today.

Some cannot help but think their appearance had something to do with a family’s removal from a plane Tuesday morning at Memphis International Airport.

“My understanding is they were dressed in attire that would indicate some Muslim-type religion,” said airport vice-president Scott Brockman.

[snip]

“The family was asked to leave the aircraft, which they did peacefully,” said Brockman.  “At that point, the aircraft was inspected and cleared,” he added.

A bomb-sniffing dog and other measures resulted in a two-hour delay.  The family was placed on a later flight following an interview with the FBI.

Thanks to Juan Williams’ legitimization of this kind of irrational response, I guess people dressed in religious garb no longer can pee in crappy airplane bathrooms without expecting to be detained by the FBI.

Judge Phillips’ DADT Order Is Not The Victory Being Claimed

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As David Dayen is reporting at FDL News, Judge Virginia Phillips of the Central District of California United States Federal Court has issued her injunctive order in the Log Cabin Republicans’ (LCR) Don’t Ask, Don’t Tell (DADT) case, formally known as Log Cabin Republicans v. United States of America and Robert M. Gates:

(1) DECLARES that the act known as “Don’t Ask, Don’t Tell” infringes the fundamental rights of United States servicemembers and prospective servicemembers and violates (a) the substantive due process rights guaranteed under the Fifth Amendment to the United States Constitution, and (b) the rights to freedom of speech and to petition the Government for redress of grievances guaranteed by the First Amendment to the United States Constitution.

(2) PERMANENTLY ENJOINS Defendants United States of America and the Secretary of Defense, their agents, servants, officers, employees, and attorneys, and all persons acting in participation or concert with them or under their direction or command, from enforcing or applying the “Don’t Ask, Don’t Tell” Act and implementing regulations, against any person under their jurisdiction or command;

(3) ORDERS Defendants United States of America and the Secretary of Defense immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding, that may have been commenced under the “Don’t Ask, Don’t Tell” Act, or pursuant to 10 U.S.C. § 654 or its implementing regulations, on or prior to the date of this Judgment.

(4) GRANTS Plaintiff Log Cabin Republicans’ request to apply for attorneys’ fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412; and

(5) GRANTS Plaintiff Log Cabin Republicans’ request to file a motion for costs of suit, to the extent allowed by law.

Judge Phillips’ order is being hailed far and wide as the greatest thing since sliced bread – at least on LGBT rights as they relate to DADT. I am quite decidedly not so sure about that.

I simply do not see how this judge, Virginia Phillips, has either the authority or jurisdiction to enter the sweeping injunctive mandates she has done in sections 2 and 3. The scope of those sections appear well beyond her actual authority and, quite frankly, have the patina of such an overreach that they should be appealed based upon protection of Executive Branch power and authority concerns. It is hard to see how the federal government in DC can allow a single remote District Court judge to have that type of reach over the conduct of the entire United States military across the globe.

There is little question but that the CACD had the jurisdiction to hear the case itself and to grant relief to the specific individuals within the established umbrella of the designated plaintiff “Log Cabin Republicans” within the territorial jurisdiction of the CACD. Further, there is no question Phillips has the authority to rule the DADT policy unconstitutional on a facial challenge to its constitutionality, which the government strongly argued this case was Read more →

Witt Reinstated To The Air Force; Wittless In The White House

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The late, but great, news this fine Friday afternoon is the decision of Western District of Washington (WDWA) Judge Ronald Leighton in the case of Air Force Major Margaret Witt. Witt has been an Air Force reserve flight and operating room nurse since 1987 and was suspended from duty in 2004, just short of retirement, upon her base commanders being informed by an off base nosy neighbor that she was a lesbian.

From NPR:

A federal judge ruled Friday that a decorated flight nurse discharged from the Air Force for being gay should be given her job back as soon as possible in the latest legal setback to the military’s “don’t ask, don’t tell” policy.

The decision by U.S. District Judge Ronald Leighton came in a closely watched case as a tense debate has been playing out over the policy. Senate Republicans blocked an effort to lift the ban this week, but two federal judges have ruled against the policy in recent weeks.

Maj. Margaret Witt was discharged under the “don’t ask, don’t tell” policy and sued to get her job back. A judge in 2006 rejected Witt’s claims that the Air Force violated her rights when it fired her. An appeals court panel overruled him two years later, leaving it to Leighton to determine whether her firing met that standard.

This is indeed a wonderful decision, and one based upon the elevated level of scrutiny that is now clearly the standard in Federal court consideration of the rights based on sexual preference. The full text of the court’s decision is here. The critical language from the decision setting and clearing the table is as follows:

Plaintiff commenced this action by filing a Complaint on April 12, 2006. On July 26, 2006, this Court granted the government’s motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6), concluding that the regulation was subject to rational basis scrutiny, and that the evidentiary hearings held, and factual findings adopted, by Congress provided a sufficient foundation to support the regulation. Plaintiff timely appealed.

The Ninth Circuit agreed with plaintiff. It held that Lawrence v. Texas, 539 U.S. 558, 123 S. Ct. 2472 (2003) effectively overruled previous cases wherein the Ninth Circuit had applied rational basis to DADT and predecessor policies. It held that something more than traditional rational basis review was required. Witt v. Department of the Air Force, 527 F.3d 806, 813 (9th Cir. 2008). The Circuit

Court vacated the judgment and remanded to the District Court the plaintiff’s substantive and procedural due process claims. It affirmed this Court’s dismissal of the plaintiff’s equal protection claim. On remand, this Court was directed to determine whether the specific application of DADT to Major Witt significantly furthers the government’s interest, and whether less intrusive means would substantially achieve the government’s interest. Witt, 527 F.3d at 821.

Now comes the interesting part of the opinion (and case as argued by the government) and it ties in directly with the Log Cabin Republicans v. USA DOD decision recently rendered in the Central District of California (I will return to that in a bit). Specifically, the 9th Circuit based at least partially upon briefing in the alternative by the government (i.e arguing multiple positions), granted the government’s argument that, at a minimum, they were at least entitled to argue that homosexuals were bad for Read more →

First They Came for Women Enjoying Sex, Then They Came for Men Jacking Off

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I know Democrats are thrilled that Chris Coons, the Democratic candidate for Senate in Delaware, will be running against the kook Christine O’Donnell.

But I’m a little troubled by the treatment of O’Donnell’s anti-masturbation stance as just one more kooky proposal.

It’s not.

Rather, it’s the logical extension of the conservative assault on reproductive freedom. Sure, most conservative efforts to regulate reproduction are targeted exclusively at women (not even on their doctors). Because they bear wombs, after all, it’s a lot easier to regulate and politicize the sexual conduct of women.

But the logic is always the same–and it’s precisely the “logic” O’Donnell gave for her opposition to masturbation. (And, incidentally, the same logic the Prop 8 defenders used in their case in San Francisco.) It’s about ensuring that all sexual enjoyment–all of it–is tied to procreation within marriage.

So while she may be a nut, she’s really only advocating for the same oppressive treatment of men as mainstream Republicans advocate for women of child-bearing age.

Who We Are: Zeitoun and Camp Greyhound Five Years On

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In a country founded on “self evident truths” such as life, liberty, equality, and due process of law, the timeless quote from Ben Franklin speaks to the peril imposed when the founding principles are discarded or compromised:

Those who desire to give up freedom in order to gain security will not have, nor do they deserve, either one.

Yet, of course, since 9/11 that is exactly what the United States has done and what has resulted in return. Fareed Zakaria has a piece up at Newsweek speaking to the senseless and destructive madness that has consumed the US since the 9/11 attacks:

The error this time is more damaging. September 11 was a shock to the American psyche and the American system. As a result, we overreacted.

….

Some 30,000 people are now employed exclusively to listen in on phone conversations and other communications in the United States. And yet no one in Army intelligence noticed that Maj. Nidal Malik Hasan had been making a series of strange threats at the Walter Reed Army Medical Center, where he trained. The father of the Nigerian “Christmas bomber” reported his son’s radicalism to the U.S. Embassy. But that message never made its way to the right people in this vast security apparatus. The plot was foiled only by the bomber’s own incompetence and some alert passengers.

Such mistakes might be excusable. But the rise of this national-security state has entailed a vast expansion in the government’s powers that now touches every aspect of American life, even when seemingly unrelated to terrorism.

…..

In the past, the U.S. government has built up for wars, assumed emergency authority, and sometimes abused that power, yet always demobilized after the war. But this is a war without end. When do we declare victory? When do the emergency powers cease?

Conservatives are worried about the growing power of the state. Surely this usurpation is more worrisome than a few federal stimulus programs. When James Madison pondered this issue, he came to a simple conclusion: “Of all the enemies to public liberty war is, perhaps, the most to be dreaded, because it comprises and develops the germs of every other … In war, too, the discretionary power of the executive is extended?.?.?.?and all the means of seducing the minds, are added to those of subduing the force, of the people.

“No nation could preserve its freedom in the midst of continual war,” Madison concluded.

Indeed it is a chilling picture we have allowed our political “leaders” to paint us into, and Zakaria does not even hit some of the most disturbing impingements on due process and the rule of law such as the government arrogating itself the right to summarily execute American citizens with no judicial trial or due process whatsoever and the legal black hole that is Guantanamo and the Obama Military Commission and indefinite detention program. That is, as a nation, who and what we are today and it has bought us nothing except world scorn, geometrically more enemies, a plundered treasury, ignored and dilapidated domestic infrastructure, swelling joblessness and exploding income inequality.

But, hey, at least we have increased security and all those oppressive terrorist modalities are only for al-Qaida and the bad foreigners, right? No. The rot is now who we are, towards ourselves in addition to “them”. And that is where we finally get to the subject of the title of this post. Nothing demonstrates the deadly rot virus that has been injected into the blood of the American ethos than the story of Zeitoun. (more after jump) Read more →

Breaking News: Perry Prop 8 Stay Granted By 9th Circuit

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The order granting the Proponents/Appellants request for stay in Perry v. Schwarzenegger was just sent to me by the 9th Circuit. The docket text is as follows:

Filed order (EDWARD LEAVY, MICHAEL DALY HAWKINS and SIDNEY R. THOMAS) Appellants’ motion for a stay of the district court’s order of August 4, 2010 pending appeal is GRANTED. The court sua sponte orders that this appeal be expedited pursuant to Federal Rule of Appellate Procedure 2. The provisions of Ninth Circuit Rule 31-2.2(a) (pertaining to grants of time extensions) shall not apply to this appeal. This appeal shall be calendared during the week of December 6, 2010, at The James R. Browning Courthouse in San Francisco, California. The previously established briefing schedule is vacated. The opening brief is now due September 17, 2010. The answering brief is due October 18, 2010. The reply brief is due November 1, 2010. In addition to any issues appellants wish to raise on appeal, appellants are directed to include in their opening brief a discussion of why this appeal should not be dismissed for lack of Article III standing. See Arizonans For Official English v. Arizona, 520 U.S. 43, 66 (1997). IT IS SO ORDERED.

Well, I thought there was a very good chance that there would be an accelerated briefing and consideration if there was to be consideration on the merits. And there will be consideration on the merits, even if it is concurrent with consideration of the standing issue (here is a very good and detailed discussion of the standing issues and law).

This is a bit of a new wrinkle and, safe to say, gives more life to Proponents/Appellants than many people were giving them recently. And it appears there will be oral argument in San Francisco during the second week of December. Now the next question is what panel for the merits will the appeal be handed to – will it be Wardlaw, Fisher and Berzon – or will it be a new panel? Time will tell, and we should know that very soon. Exciting!

The Bully Pulpit with Training Wheels

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Folks are still arguing about whether Obama’s statement about the Cordoba House was sufficiently impassioned or whether his subsequent statements backtracked off the original statement.

Now, that’s not to say that religion is without controversy. Recently, attention has been focused on the construction of mosques in certain communities -– particularly New York.  Now, we must all recognize and respect the sensitivities surrounding the development of Lower Manhattan.  The 9/11 attacks were a deeply traumatic event for our country.  And the pain and the experience of suffering by those who lost loved ones is just unimaginable.  So I understand the emotions that this issue engenders.  And Ground Zero is, indeed, hallowed ground.

But let me be clear.  As a citizen, and as President, I believe that Muslims have the same right to practice their religion as everyone else in this country.  (Applause.)  And that includes the right to build a place of worship and a community center on private property in Lower Manhattan, in accordance with local laws and ordinances.  This is America.  And our commitment to religious freedom must be unshakeable.  The principle that people of all faiths are welcome in this country and that they will not be treated differently by their government is essential to who we are.  The writ of the Founders must endure.

We must never forget those who we lost so tragically on 9/11, and we must always honor those who led the response to that attack -– from the firefighters who charged up smoke-filled staircases, to our troops who are serving in Afghanistan today. And let us also remember who we’re fighting against, and what we’re fighting for.  Our enemies respect no religious freedom.  Al Qaeda’s cause is not Islam -– it’s a gross distortion of Islam.  These are not religious leaders -– they’re terrorists who murder innocent men and women and children.  In fact, al Qaeda has killed more Muslims than people of any other religion -– and that list of victims includes innocent Muslims who were killed on 9/11.

So that’s who we’re fighting against.  And the reason that we will win this fight is not simply the strength of our arms -– it is the strength of our values.  The democracy that we uphold. The freedoms that we cherish.  The laws that we apply without regard to race, or religion, or wealth, or status.  Our capacity to show not merely tolerance, but respect towards those who are different from us –- and that way of life, that quintessentially American creed, stands in stark contrast to the nihilism of those who attacked us on that September morning, and who continue to plot against us today.

And to be sure, Obama typically conceded the legitimacy of the hurt feelings of all those people in Kansas or Texas outraged that an Islamic cultural center will be built in the general vicinity of lower Manhattan–a city those people will rarely even visit.

But his statement, weak as it was, still allowed the question of constitutionality, of the First Amendment, to begin to contest the din of the fearmongerers trying to use this for political gain.

In response, the fearmongerers have predictably turned on Obama.

But by ascending to the bully pulpit on this issue, it seems Obama has elevated the principles involved (however weakly stated) and made the press enabling the fearmongerers to think twice about the issues involved. Heck, even Mark Halperin is calling on the fearmongerers to stop.

Say what you will about the wisdom of Obama’s policies overall, but his belated commentary on religious freedoms clearly was not done for political gain. Quite the contrary. the President knew that he and his party would almost certainly pay a political price for taking a stand, especially this close to the election, and with few prominent leaders, other than New York City Mayor Michael Bloomberg, on the White House’s side. The reaction since the President spoke has been vitriolic and unvarying from leading voices on the right, painting Obama as weak, naive, out of touch and obtuse (not to mention flip-flopping, after his confusing follow-up comments Saturday suggested to some that he might be hedging his position).

Yes, Republicans, you can take advantage of this heated circumstance, backed by the families of the 9/11 victims, in their most emotional return to the public stage since 2001.

But please don’t do it. There are a handful of good reasons to oppose allowing the Islamic center to be built so close to Ground Zero, particularly the family opposition and the availability of other, less raw locations. But what is happening now — the misinformation about the center and its supporters; the open declarations of war on Islam on talk radio, the Internet and other forums; the painful divisions propelled by all the overheated rhetoric — is not worth whatever political gain your party might achieve.

It isn’t clear how the battle over the proposed center should or will end. But two things are profoundly clear: Republicans have a strong chance to win the midterm elections without picking a fight over President Obama’s measured words. And a national political fight conducted on the terms we have seen in the past few days will lead to a chain reaction at home and abroad that will have one winner — the very extreme and violent jihadists we all can claim as our true enemy.

Maybe Obama will even respond in turn, and point out just what Halperin does: that fighting the Cordoba House only helps al Qaeda. Then we’d really have a useful discussion about how the most aggressive stance often embraced by the fearmongerers is actually counter-productive.

In any case, it was a cautious, rare attempt to use the bully pulpit. But it was a welcome one. And if we can win this argument, Obama might just learn to like this bully pulpit thing.

Meanwhile, Womb-Bearers Get Rights Too!

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While everyone has been focused on the hope that gays and lesbians may soon get the rights straight people enjoy, in Florida a court ruled that womb-bearers have some rights too, specifically to decide their own medical treatment when pregnant. From the ACLU press release:

In an important decision for the right of women to make their own medical choices, the Florida District Court of Appeal today ruled that the rights of a pregnant woman were violated when she was forced to remain hospitalized against her will after disagreeing with a hospital’s recommended treatment. The American Civil Liberties Union and the ACLU of Florida filed a friend-of-the-court brief on behalf of themselves and the American Women’s Medical Association (AMWA) supporting the woman in her case against the state.

“Women do not relinquish their right to determine their own medical care when they become pregnant,” said Diana Kasdan, staff attorney with the ACLU Reproductive Freedom Project, who presented oral argument in the case along with Samantha Burton’s attorney, David Abrams of Tallahassee, Florida. “We are glad that the court has upheld the constitutional right of a pregnant woman to make her own medical decisions.”

In March 2009, the Circuit Court of Leon County ordered Burton – a mother of two suffering from pregnancy complications – to be indefinitely confined to Tallahassee Memorial Hospital and forced to undergo any and all medical treatments the doctors there deemed necessary to save her fetus. The lower court order forbade her from transferring to another hospital of her own choosing. After three days of state-compelled hospitalization and a compelled cesarean section, Ms. Burton suffered a stillbirth and was released.

So if you’re a pregnant woman, you now have the radical right to choose your own doctor and have a say in your treatmetn, even if a judge thinks he knows better. Radical!!

Kind of crazy, all this rights-upholding going on. It might just lead you to believe we were in the United States or something.

Breaking News: Judge Walker’s Prop 8 Stay Decision

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Liberty & Justice by Mirko Ilic

A week ago yesterday, Judge Vaughn Walker issued his landmark decision in the Perry v. Scwarzenegger Proposition 8 marriage equality case. Concurrent with his decision, Walker ordered a temporary stay of the judgment pending his consideration and determination of Defendant-Intervenors’ Motion For Stay Pending Appeal, and there has been much anticipation of that ruling ever since.

It is here.

The stay requested by DIs has been DENIED by the court, but will be kept in force until August 18 in order to give DIs a chance to apply for a stay from the 9th. The key language from the ruling:

None of the factors the court weighs in considering a motion to stay favors granting a stay. Accordingly, proponents’ motion for a stay is DENIED. Doc #705. The clerk is DIRECTED to enter judgment forthwith. That judgment shall be STAYED until August 18, 2010 at 5 PM PDT at which time defendants and all persons under their control or supervision shall cease to apply or enforce Proposition 8. It is so ordered.

I thought from the outset of the stay application that Judge Walker would deny it at the District level in order to force the 9th to get moving on the appeal quickly:

Furthermore, Walker not granting a stay for DIs, by definition, accelerates the appellate process by making the 9th Circuit assign a panel and consider the the certain stay request by DIs there once Walker denies it at the District level. Walker knows this will accelerate the consideration by the 9th and keep it moving along.

Not to mention that the tenor, tone, assertiveness, vibrancy and passion of Judge Walker’s main judgment on the merits is, as the real defendants in interest, the State of California and Governor have argued, simply not consistent with there being a legitimate basis for stay. And so it has been decided exactly as predicted.

And with that, the case now moves on to the 9th Circuit Court of Appeals. As the DIs have already noticed their appeal, the case is already docketed at the 9th and a presumptive briefing schedule set. Appellant/DIs’ opening brief is due November 12, 2010 and Appellee/Plaintiffs’ answering brief is due December 13, 2010. Appellee/DIs have the option to file a reply brief if they wish (and they would) by December 27, 2010.

So now the question is which three judges will be assigned to the panel that will consider and rule on the appeal, because the makeup of the appellate panel is absolutely critical to the process and potential outcome. There has not yet been a formal panel assigned to the appeal, but just as with the court protocol I used to predict Walker’s decision ahead of time, there is a tradition and protocol generally followed in the 9th Circuit that may give us an idea of the panel that will be deciding this seminal case.

In the 9th Circuit, when a case goes up on appeal, and it has been there before to a given panel on any issue, that panel has the option of taking the full appeal when it is filed. Well, the Perry case has indeed already been up to the 9th previously on an interlocutory appeal of a discovery issue during the trial process, and that appeal was decided by a panel consisting of Judges Wardlaw, Fisher and Berzon. I think there is a very decent chance the standard 9th protocol is followed here and the full appeal is assigned to the previous panel of Wardlaw, Fisher and Berzon, which makes sense in terms of judicial economy since they are already up to speed on the parties and the case facts and posture.

So who are these judges, and what is the book on them? Well, that is where the fun comes in. They are all three Clinton appointees, and two of them, Marsha Berzon and Ray Fisher, clerked for Justice Brennan. Solid liberal credentials for sure, and Kim Wardlaw may actually be even more enlightened. If the appeal gets assigned to this panel, it would be in excellent hands and I would like very much the chances for upholding Judge Walker’s decision in favor of marriage equality for all.

So the case now moves on from the meticulous hands of Vaughn Walker and up to the 9th Circuit. First there is the matter of assignment to a panel. Then we will see whether the automatically generated briefing schedule set upon filing stays in place or is accelerated, whether by motion by a party or sua sponte by the court. It will be exciting to watch such a historic case continue to play out right in front of our eyes, and Emptywheel and Firedoglake will be bringing you complete coverage every step of the way including planned live coverage of the critical oral argument. Stay tuned!

UPDATE: And, as a simply beautiful little parting shot poke in the eye to the DI H8ters and bigots, Judge Walker’s court also just executed and lodged the Permanent Injunction prohibiting any and all enforcement of Proposition 8.

This action having come before and tried by the court and the court considered the same pursuant to FRCP 52(a), on August 4, 2010, ordered entry of judgment in favor of plaintiffs and plaintiff-intervenors and against defendants and defendant-intervenors and each of them, Doc #708, now therefore:

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:

Defendants in their official capacities, and all persons under the control or supervision of defendants, are permanently enjoined from applying or enforcing Article I, § 7.5 of the

California Constitution.

Vaughn Walker is something special, and the way he has worked this case is simply a work of art. My hat is off to a wonderful man and great judge. Liberty, justice and equality are beautiful things when you really see them in action. Let’s hope the 9th keeps that vision intact and alive; I think they will.

[The absolutely incredible graphic, perfect for the significance and emotion of the Perry Prop 8 case, and the decision to grant marriage equality to all citizens without bias or discrimination, is by Mirko Ilić. Mirko is an artist par ecellence in New York who also teaches illustration and design. Please visit Mirko and check out his stock of work, it is really superb.]

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