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

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  •  ... or the conservatives (1+ / 0-)
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    Either way,  one side is rolling the dice and betting that Kennedy is on their side.

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    by MJB on Fri Dec 07, 2012 at 02:00:57 PM PST

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    •  Yeah, but remember ACA (1+ / 0-)
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      Scott Wooledge

      Nobody expected Roberts to be on the right side. Admittedly, that was only one instance, but it just shows that the usual 5/4 split isn't a slam dunk any more.

      "If you're going to go down with the ship, make it a submarine." - Wayne Shorter

      by Oliver Tiger on Fri Dec 07, 2012 at 02:52:23 PM PST

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      •  It's still a risk... (2+ / 0-)
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        Jay C, skrekk

        The obvious comparison which many have made is to the SCOTUS case Loving v. Virginia from 1967:

        This case presents a constitutional question never addressed by this Court: whether a statutory scheme adopted by the State of Virginia to prevent marriages between persons solely on the basis of racial classifications violates the Equal Protection and Due Process Clauses of the Fourteenth Amendment.  For reasons which seem to us to reflect the central meaning of those constitutional commands, we conclude that these statutes cannot stand consistently with the Fourteenth Amendment.
        That was a unanimous 9-0 ruling holding that states cannot prohibit interracial marriages.  But all nine of the justices on that Court (Warren, Black, Douglas, Clark, Harlan, Brennan, Stewart, White, Fortas) were to the left of five of the justices on the current Court.

        It's going to boil down to Roberts and/or Kennedy deciding whether they want to sign on to this generation's Loving, or to this generation's Dred Scott, or find some way to punt the issue a few years down the road.  It's up to them.

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        by MJB on Fri Dec 07, 2012 at 10:02:09 PM PST

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