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This week’s hearing transcripts + audio

DADT trial Prop 8 trial

By Adam Bink

Monday’s oral arguments regarding whether to release the tapes in the Perry case:

[scribd id=63758773 key=key-1o205crs6d3v8zvv8ox9 mode=list]

Yesterday’s arguments in LCR v. USA before the 9th Circuit can be found here.



  • 1. Bryce  |  September 2, 2011 at 4:43 pm

    Ok. So, I go to dinner at Chipotle here in DC, and on the walk back home I pick up a copy of the Blade. And the headline is that Solomese is leaving the HRC. ?!?!
    Had anyone else heard this? The article wasn't too detailed; what's up?

  • 2. Bryce  |  September 2, 2011 at 4:49 pm

    Wow. So this was reported first on August 27? How did I miss that. You go on vacation once, and you miss a lot!

  • 3. Kathleen  |  September 2, 2011 at 5:40 pm

    I think it was Pam Spaulding (Pam's House Blend) who broke the news. That's where I first saw it. Has his successor been announced yet?

  • 4. Sagesse  |  September 2, 2011 at 5:26 pm

    I have just finished reading the transcript of the hearing on release of the tapes. I encourage anyone with an interest to invest the time. The liveblog is great to have and immediate, but on this subject it is instructive to read the nuances as people speak in complete sentences. Including Thompson for the Proponents falling into the abyss while maintaining that the 9th Circuit can't view the tapes because they're sealed.

    Off to listen to the LCR audio now.

  • 5. Ann S.  |  September 2, 2011 at 5:35 pm

    That was a pretty funny moment when Thompson tried to maintain that the judges of the 9th Circuit couldn't view the recordings unless they came to the district courthouse. Later, as you know, he back-pedaled furiously away from that ridiculous position. It was all I could do to keep from laughing.

  • 6. Kathleen  |  September 2, 2011 at 5:41 pm

    I seem to remember Ware expressing "surprise" at the answer. 🙂

  • 7. Ann S.  |  September 2, 2011 at 5:51 pm

    He kept a straight face. I couldn't.

  • 8. Sagesse  |  September 2, 2011 at 8:06 pm

    Duncan Hunter's Bill Says DADT Repeal Not An Endorsement Of Gay Sex…

  • 9. Bill S.  |  September 3, 2011 at 5:45 am

    Does this guy think of anything else other than gays and gay sex?? Seriously.

  • 10. Leo  |  September 2, 2011 at 8:26 pm

    OT: This is a week old, but I haven't seen it reported. The First Circuit has denied the motion to hear the case en banc. If I'm reading the order correctly, the judges were split 3-3. BLAG's opening brief is now due on 9/22.

    ORDER entered by Sandra L. Lynch, Chief Appellate Judge; Juan R. Torruella*, Appellate Judge; Michael Boudin, Appellate Judge; Kermit V. Lipez*, Appellate Judge; Jeffrey R. Howard, Appellate Judge and Rogeriee Thompson*, Appellate Judge. The plaintiffs-appellees in Gill v. Office of Personnel Mgmt., Nos. 10-2207, 10-2214, seek initial hearing en banc in these three consolidated appeals from the district court's decision striking down Section 3 of the Defense of Marriage Act. The petition for initial hearing en banc, having been considered by the judges of the court in regular active service and a majority of said judges not having voted to order that the matter be heard en banc, is denied. In order to give the parties an appropriate interval in which to present their arguments, the briefing order entered by this court on June 16, 2011, as amended by the court's July 11 and 28 orders extending the due dates for opening and superseding briefs, is hereby further amended. The trigger date for the computation of time to file briefs contained in this court's June 16 order shall be the date this order issues. The motion of amicus Eagle Forum Education & Legal Defense Fund for leave to submit a response to the petition for initial hearing en banc is denied. So ordered. * TORRUELLA, LIPEZ, and THOMPSON, Circuit Judges, dissenting without comment as to the denial of the petition for initial hearing en banc. [10-2204, 10-2207, 10-2214] (GK)

  • 11. Kathleen  |  September 3, 2011 at 12:15 pm

    That's correct, Leo. It was a 3-3 split. It required a majority to grant the petition.

  • 12. Sagesse  |  September 2, 2011 at 8:31 pm

    Brad Pitt Will Produce Normal Heart Film

  • 13. Sagesse  |  September 2, 2011 at 8:51 pm

    Two separate events, in Iowa and South Carolina.

    Michele Bachmann, Ron Paul, Rick Santorum, Herman Cain To Address Anti-Gay Marriage Group…

    Rick Perry, Michele Bachmann, Ron Paul, Herman Cain To Address Anti-Gay Forum…

  • 14. Ann S.  |  September 3, 2011 at 8:45 am

    I wonder if Louis (hi, Louis!) is going to attend the anti-gay forum, since he's now supporting Rick Perry.

  • 15. Sheryl_Carver  |  September 3, 2011 at 9:04 am

    Wouldn't surprise me. Louis seems to be having a lot of trouble figuring out who he is & what his values really are. Sad, really. Maybe he'll turn out OK in the long run. Unlike the current GOP contenders, who HAVE figured out their values – "WIN AT ANY COST!"

  • 16. grod  |  September 3, 2011 at 4:21 pm

    @Sagesse In LCR v. USA LCR's lawyer called for a decision by the appeal court, noting in part that the decision made last year may not remain with future congresses and presidents. While the government lawyer favored no decision as DODT legislation will be null in three weeks. LCR reminded the three member panel of the court that it had taken seven years to get to this point. Without a ruling, in the future, LCR might expect to take another number of years to get a same point again, pleading to resolve the matter of constitutionality now. Your ‘citations’ makes LCR's lawyer's point all the more relevant.

  • 17. loaferguy  |  September 3, 2011 at 5:07 am

    Sit-In Planned for Prop 8 Hearing.

  • 18. loaferguy  |  September 3, 2011 at 5:11 am

    Fox News Post John Stossel's Pro-Marriage Equality Op-Ed Challenging NOM.

  • 19. Ronnie  |  September 3, 2011 at 5:43 am

    "Chaz Bono's Publicist: 'No Way' He'll Back Down From Participating on 'Dancing With the Stars' 2011" (video)

    [youtube R68EBKo1RE8 youtube]

  • 20. Sagesse  |  September 3, 2011 at 5:56 am

    John Aravosis says this is code for "I am not gay." Others think Perry will one day have a John Edwards moment. What is interesting is the composition of the crowd. Perhaps Anonygrl could script what such a meeting would look like if HRC invited the Republican presidential candidates to speak privately with important donors.

    Perry: ‘Nothing’ to embarrass supporters

    "The gathering included right-wing anti-gay activists who are said to be, uncommitted, as yet, to any Republican presidential candidate –including Focus on the Family’s James Dobson and Family Research Council leader Tony Perkins."

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