Theodore B. Olson and David Boies were Supreme Court adversaries in the landmark Bush v. Gore case, but the two lawyers have joined forces to take the fight for gay marriage into federal court. Fearing an unfriendly Supreme Court, some prominent gay rights groups are criticizing the shift in strategy.

Olson and Boies say that concern ignores their expertise and the lessons of America’s past civil rights battles.

AP via Google:

“There will be many people who will think this is not the time to go to federal,” Olson said Wednesday at a news conference in Los Angeles. “Both David and I have studied the court for more years than probably either one of us would like to admit. We think we know what we are doing.”

Boies agreed: “Reasonable minds can differ, but when you have people being denied civil rights today, I think it is impossible as lawyers and as an American to say ‘No, you have to wait, now is not the right time.’ I think if we had done that in prior civil rights battles, we would not be where we are.”

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