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View Diary: Supreme Court to take up DOMA and Prop. 8 cases (73 comments)

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  •  Remember what Roberts did on the ACA (6+ / 0-)

    I wouldn't put it past him or Kennedy to do the right thing on this. Hell, wouldn't a 6-3 be great?

    To me progress is not so much a goal as it is a process and I believe it will not follow a straight course. Remember, the drops of water that form the river may not take the shortest path but they will still reach the ocean.

    by ontheleftcoast on Fri Dec 07, 2012 at 12:47:28 PM PST

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    •  or to do the wrong thing to bolster their (0+ / 0-)

      conservative cred.

      Corporations are driven by the bottom line, not by concerns for health, safety or the environment. This is why we need government regulations.

      by the dogs sockpuppet on Fri Dec 07, 2012 at 01:04:02 PM PST

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    •  I'm guessing it will be (2+ / 0-)
      Recommended by:
      ontheleftcoast, bythesea

      6-3, just like Lawrence.  2 of the 3 were dissenting in Lawrence (Scalia & Thomas). I figure Alito will go along with them, but even he has sometimes surprised me.

      These capitalists generally act harmoniously and in concert, to fleece the people... -Abraham Lincoln

      by HugoDog on Fri Dec 07, 2012 at 01:05:22 PM PST

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    •  I don't think I would count on Roberts. (0+ / 0-)

      In the ACA decision he deferred to the Federal gov't and let a law stand. Ironically it was the other conservatives and Kennedy that were "activist".

      If Roberts is consistent then you might expect him to defer to the State of Calif and Prop 8 too. In fact, that would even be more likely for him because he can easily argue states rights and conservative/majoritarian philosophy.

      If Prop 8 goes down I think it'll be because of Kennedy. and it'll be 5 to 4. It could go either way though.

      •  However... (2+ / 0-)
        Recommended by:
        DesertMac, sarvanan17

        ...Chief Justice Roberts may be acutely aware of the unfolding legacy of the "Roberts Court", and not be willing to fall on his sword for a position fast withering on the vine in a decision certain to be reversed by a future court.

        And if there are five other Justices in favor of marriage equality, Roberts would gain absolutely nothing but another stain on his legacy by holding out.

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