Ari Ezra Waldman has a good piece up at Towleroad this morning which explains the likely reason why the bigots are appealing Ware’s ruling on their ridiculous notion that Walker should have recused himself because he’s gay. Pointing out that Ware’s decision was a “wholehearted beat down,” Waldman explains the obvious — they have no chance on appeal. But Charles Cooper, attorney to the bigots, likely knows this:
Appeal such a wholehearted beat down? Does he think he will get any more sympathy from a panel of Ninth Circuit judges who have known Judge Walker for years and have, in any event, already invested their court’s own time and effort into this case?
It is hard to imagine Mr. Cooper really thinks he can win. If he does think so, he is simply a bad attorney. But, by filing an appeal, he may be a master strategist. The Prop 8 proponents know that they are fighting a losing battle — their attorneys were inept at trial, failing to offer evidence; they have no real arguments on their side; all three judges on the Ninth Circuit panel to hear the standing and merits were skeptical. The only hope is to delay, to delay same-sex marriage for so long, to frustrate the gay community so much, that we make the first mistake.
Aha! Well then, let’s just not make the first mistake. I mean, we’ve shown over the last few years that pretty much all the brains in this battle are on our side. We can do this! Read Waldman’s whole piece, please.