Very big news from Edie Windsor’s DOMA case today.
As we’ve reported, Edie’s lawyers have moved to strike much of the documentation provided by John Boehner’s legal team, led by Paul Clement. As expected, Clement objected. He wants all those documents and articles entered into evidence. He’s conducting this case like he’s arguing before the Supreme Court. But, this is a trial court.
Today, Edie’s lawyers responded. They submitted the affadavit, posted below, of Professor Lisa Diamond, one of the authors cited by Boehner’s lawyers.
(You can find BLAG’s cites to Diamond on pages 10 -11 of the document posted here.)
In what amounts to a legal bombshell, Diamond maintains that Boehner’s crack legal team misconstrued and distorted her writings. She stated, “They have completely misrepresented my research.”
From the Reply Memo filed today:
Professor Lisa Diamond, the author of two of the academic articles Plaintiff seeks to strike, has submitted an affidavit testifying that BLAG has in fact distorted her research and that she never would have agreed to testify to the propositions BLAG has advanced in its papers. It is hard to imagine a more concrete example of why the materials submitted by BLAG are not reliable. Had BLAG followed the rules and used as expert witnesses any of the authors it cites (as contemplated by the May 11 Scheduling Order), and had Plaintiff’s counsel then had the opportunity to depose them, Plaintiff would have been able to obtain similarly damaging testimony from them as well.
How can anything else Clement wrote in his brief be trusted? He’s trying to play by his own rules. But, even the “esteemed” Paul Clement can’t just make things up.
Here’s the affadavit:
Affadavit of Prof. Lisa Diamond