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View Diary: The Ninth Circuit's restrained decision on Proposition 8 (141 comments)

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  •  Yes. (1+ / 0-)
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    fsbohnet

    I think this is a possibility that most people haven't talked about in the media. Very likely, actually.

    GOP: The Party of Acid rain, Abortion of the American Dream, and Amnesty for Wall Street.

    by Attorney at Arms on Tue Feb 07, 2012 at 03:39:23 PM PST

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    •  But it only takes 4 to grant cert (0+ / 0-)

      Roberts, Scalia, Alito, and Thomas. Even if Kennedy and the more liberal 4 didn't want to, cert would be granted.

      Hard to believe any one of those 4 could deny cert and still face their bishops.

      The scientific uncertainty doesn't mean that climate change isn't actually happening.

      by Mimikatz on Tue Feb 07, 2012 at 04:18:00 PM PST

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      •  Why grant cert if you'll know you'll lose? (0+ / 0-)

        That's why those four may not vote for it.

        One should no more deplore homosexuality than left-handedness. ~Towards a Quaker View of Sex, 1964 (Proud left-handed queer here!) SSP: wmlawman

        by AUBoy2007 on Tue Feb 07, 2012 at 04:42:59 PM PST

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        •  AUB - lots of reasons to grant cert (0+ / 0-)

          Those granting cert might feel that they convince a fifth to come to their side. They might also want to influence both opinions to make it harder for the next marriage equality case that comes before the Court.

          "let's talk about that"

          by VClib on Tue Feb 07, 2012 at 06:33:54 PM PST

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