Prop 8 Case Plaintiffs May Seek Attorneys Fees from ADF, et al

Talk about hitting them where it hurts! Ted Olson and David Boise and the legal team representing the plaintiffs who challenged the constitutionality of California's toxic Proposition 8 may petition the Court to award the costs of the plaintiffs' legal fees against the proponents of Prop 8 who defended the California constitutional amendment in court when the Sate of California refused to defend the provision. One never knows what a court will do when an award of legal fees is requested, but given the fact that the State of California conceded the plaintiff's case, it would not seem inappropriate that the non-governmental supporters of Prop 8 who demanded to intervene in the case be saddled with the costs incurred by the plaintiffs because of the intervenors frivolous defense of Prop 8. Whether or not Olson and Boise actually believe that they can secure such an award, it nonetheless adds a huge bargaining chip against the Prop 8 supporters who could likely be facing an award that could push them into bankruptcy. And rightly so. It would be sweet indeed to see the religious extremists at Alliance Defense Fund get hit with a crushing fee award to the plaintiffs. Here are some highlights from the Advocate:
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Attorneys representing two California gay couples in the federal Proposition 8 case may seek to recoup mounting legal fees from their opponents if an appeals court upholds U.S. district judge Vaughn Walker's landmark decision. In court filings this week, the attorneys requested extended time to consider fees and court costs but have also asked Prop. 8 supporters for an expedited response in the matter — which they opposed in a Wednesday filing.

"Plaintiffs seek to drastically shorten [our] time to respond to that motion so that they have more time to prepare an application for attorney’s fees in the event this Court does not grant their motion to enlarge time," Alliance Defense Fund attorney Brian Raum wrote. "Such a burden shift is unwarranted."
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Ted Olson and David Boies has not disclosed how much the litigation has cost, though the organization charged with funding the suit, the American Foundation for Equal Rights, has in recent weeks reached out to the public for donations as the case proceeds to the U.S. court of appeals for the ninth circuit.