I posted the following over at National Review Online:
The Ninth Circuit’s stay overruling Judge Walker’s decision to allow gay marriage is the third time Judge Walker has been slapped down by appellate courts: once by the Supreme Court over the issue of televising the trial; once by the Ninth Circuit over the issue of forced disclosure of private e-mails by campaign leaders; and now by the Ninth Circuit again.
When you read the brief that Charles Cooper filed, it’s not hard to see why. It is a total smack-down of Walker’s decision to ignore the immense amount of evidence brought to him — not to dispute it, but simply to ignore it.
Here’s the National Organization for Marriage’s quick summary of Cooper’s deadly brief, with a link to the actual brief as well. But to give you an example of how extreme Judge Walker is, he ruled that orientation is a protected class subject to strict scrutiny — ignoring ten higher-court decisions to the contrary. He doesn’t contest, distinguish, or disagree. He literally ignores their existence.
This is very odd behavior for a judge.