To any objective observer, Walker has discredited himself by his manifest bias. However the reviewing courts ultimately decide this case, I think it’s highly unlikely that Walker’s wild legal analysis or his crazed purported findings will advance his cause—and far more likely that they will do the opposite. The primary effect of Walker’s gratuitous resort to a trial has been to delay the ultimate outcome of this case by a year or so.
And, that’s exactly why Judge Walker issued such a bizarre opinion. Remember – if this case got to the court in its current configuration, the Conservative Justices would deny there is a right to gay marriage in the constitution. There is little possibility that Justice Kennedy wants to become one of the most hated men in America by overthrowing the constitutions of 31 states and the laws of 15 more. If the court were to treat democracy – and the constitutional amendment process so shabbily – it would be forever harmed as an institution. The implications would be enormous. Calls for impeachment of the Justices would be commonplace; legislation of all sorts would follow; states would defy the ruling of the Court. Far from settling the issue, it would create a firestorm of enormous proportions that would burn for years.
No, Kennedy is not going to do that.
And a decision by the Court against gay marriage would probably seal the issue for at least 10 years or more.
So Walker has method in his madness. He wanted to string everything out as long as possible, in the hopes that the composition of the court might change in the meantime. Should something happen to one of the conservative justices, Obama would appoint a liberal and the balance of the court would be changed. As we have seen, liberal justices would be nuts enough to try to impose gay marriage on the people. They have convinced themselves that the fake polls touted by the media are true, and that they will be called heroes. So, they would do it.
That’s the game that is being played here. Judge Walker is trying to slow everything down.