Two people were conspicuously absent from the crowd at the Supreme Court this morning: head lawyers in the Prop 8 and DOMA cases, Ted Olson and Paul Clement.
Olson, a GOP stalwart, became an unlikely leading advocate for same-sex marriage when he took the case with co-counsel David Boies to get California’s same-sex marriage ban thrown out. He waited at the Supreme Court both Monday and Tuesday this week for the justices to decide the Prop 8 case. But today, when they finally handed down their ruling, he wasn’t there.
Clement defended the constitutionality of the Defense of Marriage Act in the high court’s other big same-sex marriage case. He was also missing from the court today—maybe for the best, since the court overturned the law.
So where were these two power lawyers? They’re in Philadelphia, where they’re facing off with each other at the US Third Circuit Court of Appeals in a case about sports betting.
Talk about bad timing.