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

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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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