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Knappenberger v. City of Phoenix (9th Cir. - May 26, 2009)

By Shaun Martin

I'm in the midst of reading the California's 170-plus page opinion in the gay marriage cases. Which was not so easy to even obtain given the crush on the court's server. I'll all say for now (and perhaps for a while) is that I have never seen Chief Justice George rely so heavily on italics. It's like a first draft of some of my briefs, before I go back and delete the emphases.

That said, he's most heavy on italics only in the first dozen or so pages, which seem to be written for the public and the press rather than for a purely legal audience. On the theory -- rightly so, I'm sure -- that only the truly dedicated will read all 100+ pages, and that everyone else could totally use a lot of emphasis on the important points of this very careful opinion.

Meanwhile, the Ninth Circuit wants us to learn a very simple lesson. Which is that a tough choice isn't an involuntary choice.

Seems clearly true. Both in life as well as in the law.

Full post as published by California Appellate Report on May 26, 2009 (boomark / email).