August 13, 2008

Circuit Judge John Cooper conducted a hearing this afternoon concerning efforts by AIF and other Coalition members to have Amendment 5 stricken form the November ballot. Barry Richard argued on behalf of our Coalition, Mark Herron on behalf of Sen. John Mackay and proponents of the amendment, and the AG's Office on behalf of the State.

The hearing was basically 1 1/2 hours of Q & A between the Judge and the attorneys concerning points raised in their respective briefs. Barry Richard did exceptionally well (as expected), but the other side presented a respectable defense. It is dangerous to predict an outcome based solely on oral arguments, so I won't. However, Judge Cooper indicated that he expects to enter a written opinion by the end of the day today or early tomorrow.