But Olson, a prominent conservative lawyer, cited the equal protections afforded under the 14th amendment and applauded Walker’s ruling.
“We’re not talking about a new right here,” he said. “Most people use the term judicial activism to explain decisions that they don’t like.”
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Olson said his side was not taking “anything for granted,” but suggested the Supreme Court would hand his team a victory in the end.
“California has no rational basis for continuing this discrimination. When that gets to the Supreme Court, I think that will be persuasive to all of the justices on the Supreme Court,” he said.
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