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12/02/10
At first glance, this appears to be an ideal group of judges for plaintiffs, represented by David Boies and Ted Olson. But a favorable ruling for plaintiffs will prime this case for the Supreme Court, which leans to the right on social issues, and the ladies and gentlemen at 1 First Street love to overturn Reinhardt. So toxic is his name to the Court that Prop 8 opponents might be glad to hear that the National Organization for Marriage is calling for his recusal.
It seems that Reinhardt's wife, who is the executive director of the ACLU of Southern California, was involved with the case at an early stage and provided advice to plaintiff's counsel before the case was filed. She also issued a public statement in support of Judge Walker's original decision, the decision that is being challenged in her husband's courtroom. Reinhardt has not yet responded to calls for his recusal.
Currently, oral arguments are set for Monday, December 6, at 10 AM PST. Scotusblog will have a link to broadcast coverage of the argument and you can expect some commentary here the next day as well.
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