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View Diary: Anthony Kennedy will overturn DOMA (20 comments)

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  •  the fact that 4 states voted in favor of marriage (13+ / 0-)

    equality in the recent election has to be a strong signal to the Court how the nation is heading.  3 states' voters voted in favor of marriage equality and 1 state's voters voted not to approve a state constitutional amendment to ban marriage equality.  

    Will this become the modern day "Dred Scott Court"?  

    The Court typically does not prefer to take a position that appears to be contrary to the direction the nation is heading.  We will know in the coming months or year.

    •  Interesting point. (6+ / 0-)

      Theoretically, at least, supreme court justices aren't swayed by public opinion, at all. They are supposed to make decisions from the judicial ivory tower, above the legislative fray. They have lifetime appointments for this reason. In practice, I believe you're absolutely correct--legal precedent aside--the more realistic justices know which way the "wind" in society blows, and they factor that in to their decisions.

      It's here they got the range/ and the machinery for change/ and it's here they got the spiritual thirst. --Leonard Cohen

      by karmsy on Sat Dec 01, 2012 at 10:21:20 AM PST

      [ Parent ]

      •  Who Said This? (3+ / 0-)
        Recommended by:
        Throw The Bums Out, codairem, akze29

        Was it Mr. Dooley who said "Th' Supreme Court follows the illiction results"?

        Roberts and Kennedy know that their job is to keep the plutocrats in power. Anything that diminishes their ability to do that will be discarded as a necessary sacrifice. And there is an easy "strict constructionist" way to go about this: simply say that the Constitution and practice over 225 years have left the issue of marriage to the states, and the federal government is bound to respect the actions of the states which have legalized marriage.

        That's all they'll do on this suit. The question of whether states must recognize same-sex marriages contracted in other states under the "full faith and credit" clause will be left to another day.

      •  The key words here are "supposed to" (0+ / 0-)

        It is akin to someone saying "in theory".

        You don't have to look back very far to see an instance of the court being persuaded by non-judicial thinking, it just happened when Roberts came to his senses and let the politics surrounding the ACA change his decision.

        Roberts name is associated with this court.  After Citizens United, had he gone done the path with the other righties on the court he would have forever been tarnished as the court that took away health care from the American people.

        There is no doubt whatsoever in my mind that the recent election victories will weigh on the minds of the justices in making these decisions.

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