Quote Originally Posted by a completely inoffensive name View Post
How can you write a sensible ruling for both sides when there is only one side? Make up valid points for the Proposition 8 legal team? That's not his job.
Actually, in appelate law at the constitutional level, judges are expected to ask critical and probing questions of the advocates and to more or less cross-examine their assertions. Effectively, the judge should have "argued the other side" as part of her/his query into the complaint's constitutional implications. I have not read the transcript, so I acknowledge that the judge may have done just that.