News Analysis: Countdown to the Firing of SJC Judges
Why Would Judge Marshall Ever Leave Her Self-Imposed Isolation?
In Order to Protect Herself from Pinch? --- and from Judge Cowin?
By MassNews Staff
            Judge Marshall went into seclusion during the entire period she was contemplating gay marriage.
            (After her speech to the Mass. Gay and Lesbian Bar Association in 1999 where she promised they would win if they brought their gay marriage suit in Massachusetts.)
            Marshall has indicated that after 1999, she didn’t discuss “homosexual marriage” with anyone except her fellow judges. When conservative organizations were flooding Marshall with law briefs, were they wasting their time? Did she ever read any of them?
            No one will ever know the answers to those questions, but knowledgeable lawyers doubt that she bothered to read the briefs. Why should she? She already knew how she would vote.
            Did she never discuss the case at breakfast with her husband/mentor Tony Lewis, the liberal columnist at the New York Times who certainly had a strong opinion?
            The only person ever allowed to talk with her about the pros and cons of “homosexual marriage” was the Assistant Attorney General, Judith Yogman, who was permitted on Tuesday, March 4, 2003 to share 37 minutes and 11 seconds in Oral Argument with Mary Bonauto, who was the homosexual attorney for the plaintiffs and Judge Marshall’s friend. No one else was ever allowed to discuss this case with Judge Marshall.
            She was so nervous and worried at the Argument that one had to feel sorry for her. Even this tiny amount of questioning worried Judge Marshall. What was she worried about? She acted like a first-year law student who wasn’t prepared for her mock-trial.
            Marshall first interrupted Atty. Yogman when she had been speaking about the law for 8 seconds. She consumed 56% of what was supposed to be Yogman’s time. The other judges, particularly John Greaney, consumed most of the remaining time. Marshall ended the charade by telling Yogman she could have “a few minutes” to sum up but then closed her down after she had spoken for only 28 seconds.
            How many citizens understand that the historic issue of gay marriage was decided in secret with no one watching except the judges and except for this 15-minute charade allotted to Atty. Yogman? Is this the way a democracy is supposed to function?
If readers believe we might be exaggerating, you can read the complete text of the Oral Argument in our archives here.

As promised tomorrow: We will explain why Marshall was so nervous and why “conservative” Justice Judith Cowin suddenly became so important to both Pinch Sulzberger and Judge Marshall.