SCOTUS Gay Marriage Case

KellyBensimon

I have read that a sweeping decision is not likely, that they may not rule at all, which would leave the 9th Circuit's decision in place.

I guess John Roberts drew some analogy that people did not like.  I feel that in the end Scalia, Thomas, and Alito will be in the minority.  I could be wrong about Kennedy. 

lasposa425

I think the decision will be narrow, unfortunately.  I have a bad feeling they might just punt it on the standing grounds. Roberts sort of set the tone at oral argument.  That would be so unfortunate--the merits of the case deserve a chance at t

KellyBensimon

I saw the Politico piece that questioned whether they would punt.  I think that there will be a narrow decision either way.

I don't know if the tone at oral argument will give away the eventual outcome.  It certainly didn't last year. &

lasposa425

KellyBensimon:

I saw the Politico piece that questioned whether they would punt.  I think that there will be a narrow deci

KellyBensimon

lasposa425:

KellyBensimon:</st

KellyBensimon

I feel that there are two votes up for grabs on this---Kennedy and Roberts.  In the few months before the decision, there will be a full court press of editorials and pieces in major newspapers, basically saying the Court has no legitimacy unless

lasposa425

KellyBensimon:

I feel that there are two votes up for grabs on this---Kennedy and Roberts.  In the few months before the d

KellyBensimon

I could see punting on the Prop 8 case, but I read that DOMA is pretty much dead.  SCOTUSBlog puts the chances at 80%, with Kennedy differing from the four progressives on the grounds. (states rights)

lasposa425

KellyBensimon:

I could see punting on the Prop 8 case, but I read that DOMA is pretty much dead.  SCOTUSBlog puts the chances

KellyBensimon

I think it's a little disingenuous and ideologically inconsistent for the four liberal justices to use states' rights arguments to invalidate DOMA, then vote against Prop. 8 as well.  Seems like they don't think the federal government or the state

GeraldoRivera

KellyBensimon:

I think it's a little disingenuous and ideologically inconsistent for the four liberal justices to use states' righ