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View Diary: House Republicans' request to appear at DOMA hearing via telephone denied by judge (84 comments)

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  •  Well, no. (2+ / 0-)
    Recommended by:
    Scottie Thomaston, VClib

    Whether it's constitutional is up to the Court; if they say it is, it is, even though it shouldn't be.

    •  How does that work? (1+ / 0-)
      Recommended by:

      "Separate but equal" was constitutional and then suddenly wasn't at a later point? Or for that matter campaign finance restrictions? (Didn't the Court uphold them in one case a few years back and then overrule it in CU?)

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      by Scottie Thomaston on Tue Dec 11, 2012 at 08:37:43 AM PST

      [ Parent ]

      •  Different Courts can change their mind. (2+ / 0-)
        Recommended by:
        Scottie Thomaston, VClib

        Based on new evidence (in the case of separate-but-equal), new legal theories, etc.  But once something is decided by the Supremes, only they can change it.

        •  The Court isn't the only route to repeal. (3+ / 0-)
          Recommended by:
          Adam B, ceriboo, sfbob

          Fortunately, even if the Court chooses to be wrong in this case, there are alternatives; as federal statue, another federal statue can repeal it, constitutional or not - The Court cannot, in this case, declare that to not have the law passed is unconstitutional.

          Granted, that will require either breaking Republican party discipline in some fashion, or a better election than the one we just had, but we don't technically need to amend the Constitution.

          •  Actually, they can. In theory they could declare (0+ / 0-)

            gay marriage to be unconstitutional because it violates some right or another (probably the 9th amendment) and overturn all existing gay marriage laws.  While that is unlikely to happen regarding gay marriage it is entirely possible that could be the way Roe is overturned, by making abortion an unconstitutional infringement on the rights of the fetus/embryo.

            You have watched Faux News, now lose 2d10 SAN.

            by Throw The Bums Out on Tue Dec 11, 2012 at 11:30:39 AM PST

            [ Parent ]

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