This is pretty amazing, but there’s an absolute OH SNAP moment here that makes it even more delicious:
More than halfway through the morning’s arguments, an exasperated Justin Matheny, the assistant attorney general in Mississippi charged with defending the state’s ban, tried to change his tune during his rebuttal arguments.
When it became clear that the three-judge panel was leaning against upholding the bans, Matheny acknowledged that the “trajectory” for marriage rights for same-sex couples is “undeniable” — but added his new argument: “it’s not there yet.”
Judge Patrick Higginbotham, born in Alabama almost eight decades ago and appointed to the appeals court by President Reagan more than three decades ago, spoke up. And though the older judge was hard to hear at times, he spoke loudly and clearly when he responded to Matheny: “Those words, ‘Will Mississippi change its mind?’ have resonated in these halls before.”