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Tuesday, July 21, 2009

David Boies, A Man in Search of an Argument: Matthew G. Franck

blogs at Nat'l Review Online:
In today's Wall Street Journal, David Boies makes his case for overturning California's Proposition 8 (protecting marriage as it has existed throughout history) as contrary to the federal Constitution. If this represents the best he can do, he had better try again, for his argument is laughably bad. (Of course, it may still be good enough for Justice Anthony Kennedy—probably Boies' intended audience, come to think of it.)

Here I'll stick just to 1) the demonstrably false things Boies says, and 2) his preposterous straw-man arguments. There may be more examples in both these groups than I can document here, but these strike me as the most notable, taking them in the order in which they appear.

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