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View Diary: Free-spending Republican leadership not putting mouth where money is on DOMA review (91 comments)

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  •  Kennedy (6+ / 0-)

    wrote the majority opinion on both Roemer v. Evans and Lawrence v. Texas.  Despite his crazy-extremist behavior of late, I think he will side with the liberals on DOMA.  Roberts has also shown evidence a surprisingly open mind on the subject of LGBT rights in the past, though he has not yet had a chance to apply that open mind on the court.  So even with the court's current conservative make-up, there's a good chance that the challenge to DOMA will succeed.  The real question is how they're going to rule on Prop. 8.

    -5.13,-5.64; If you gave [Jerry Falwell] an enema, you could bury him in a matchbox. -- Christopher Hitchens

    by gizmo59 on Tue Dec 11, 2012 at 12:50:18 PM PST

    [ Parent ]

    •  I think they'll punt on Prop. 8 (6+ / 0-)

      and the general marriage equality issue by ruling that the opposition had no standing to appeal, therefore Walker's original ruling stands. So we wouldn't have marriage equality across the board (no Loving decision equivalent), but they could set aside DOMA for those states that have marriage equality on the books. Might need another case that challenges states without marriage equality on the grounds of "full faith and credit", if a couple married in WA (for example) moves to ID (for another example) .

      "If we ever needed to vote we sure do need to vote now" -- Rev. William Barber, NAACP

      by Cali Scribe on Tue Dec 11, 2012 at 01:00:14 PM PST

      [ Parent ]

      •  I expect your analysis is correct. (3+ / 0-)

        However, Scott Wooledge's comment (below) raises another question, because standing is an issue with regard to BLAG's challenge of DOMA as well.  If SCOTUS decides that BLAG does not have standing, there will be no SCOTUS decision on DOMA, and we're back in limbo.  In some ways, this outcome might be the worst of all possible worllds.

        -5.13,-5.64; If you gave [Jerry Falwell] an enema, you could bury him in a matchbox. -- Christopher Hitchens

        by gizmo59 on Tue Dec 11, 2012 at 01:08:05 PM PST

        [ Parent ]

        •  That's confusing at best (4+ / 0-)

          So the only folks who would have "standing" would be DoJ? In that case, while the optics would look bad, we might be better off if DoJ did take a DOMA case just so it could get to SCOTUS to be tossed out.

          I think, because BLAG is a Congressional group and DOMA was passed by Congress, that they'll be found to have standing...but I could be wrong on that.

          "If we ever needed to vote we sure do need to vote now" -- Rev. William Barber, NAACP

          by Cali Scribe on Tue Dec 11, 2012 at 01:15:02 PM PST

          [ Parent ]

        •  Court went "out of their way" on Citizens United.. (3+ / 0-)
          Recommended by:
          gizmo59, LuvSet, Cassandra Waites

          it would be nice to see them go "out of their way".... in a good way here.

          The modern conservative is engaged in one of man's oldest exercises in moral philosophy;the search for a superior moral justification for selfishness

          by CTMET on Tue Dec 11, 2012 at 02:55:24 PM PST

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    •  Justice Kennedy (2+ / 0-)
      Recommended by:
      Massconfusion, gizmo59

      also voted with the majority in CLS v Martinez.

    •  Damn liburals..... Roberts and Kennedy.... (1+ / 0-)
      Recommended by:
      gizmo59

      next time the GOP gets to pick it will have to be Pat Robertson or Rick Santorum...

      The modern conservative is engaged in one of man's oldest exercises in moral philosophy;the search for a superior moral justification for selfishness

      by CTMET on Tue Dec 11, 2012 at 02:53:30 PM PST

      [ Parent ]

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