Ted Olson and David Boies, who were on opposite sides of Bush. v. Gore, are co-counsel for a lawsuit challenging the federal constitutionality of Prop. 8, California’s gay marriage ban. Some suspicious sorts smell a rat. Until now, the thinking has been that the federal court is far too packed with Federalist Society clones like Olson to risk a frontal constitutional challenge of state marriage bans. Olson and Boies are said to represent gay couples on behalf of an organization has roots aren’t yet known. We shall see.

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