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View Diary: Breaking: 75 Republicans Sign an Amicus Brief in Hollingsworth v. Perry Saying Prop 8 Must Go. (82 comments)

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  •  We know one thing (6+ / 0-)

    And that is that Roberts cares about the legacy of his court. Will Roberts want his name on the decision that will essentially be a Dred Scott 2.0? It's obvious to all but the most oblivious on the right that gay marriage is going to be legal sooner rather than later. Does Roberts want to be the court that tries to stand in the schoolhouse doorway and declare segregation now, segregation tomorrow, segregation forever?

    •  This is aimed at him, (1+ / 0-)
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      and to shore up Justice Kennedy.

      As to Roberts' views of segregation, I'm not holding out much hope for Shelby County v. Holder.

      Difficult, difficult, lemon difficult.

      by Loge on Tue Feb 26, 2013 at 08:38:24 AM PST

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    •  MRobDC, thanks for putting it that way! (2+ / 0-)
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      jpmassar, FindingMyVoice

      I think that you are 100% correct as far as Roberts goes. Scalia, I think, is just enjoying the amount of people he can annoy during life. He's a serial-annoyer sociopath.

      But no thinking man or woman wants the legacy that Roberts would get if he ruled against Marriage Equality.

      I would tip you, but the man took away my tips.

      by Tortmaster on Tue Feb 26, 2013 at 08:44:30 AM PST

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    •  The Court has lots of options (0+ / 0-)

      one of which is to just let the lower court Prop 8 result stand. That legalizes gay marriage in CA, but in a very narrow set of circumstances that make it unlikely that another state would have the same facts. The one state decision is a middle ground that could gain a majority. I don't see this Court making same sex marriage legal in all 50 states.

      "let's talk about that"

      by VClib on Tue Feb 26, 2013 at 10:45:46 AM PST

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      •  They could have done that just by not accepting (1+ / 0-)
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        the case for review.

        The influence of the [executive] has increased, is increasing, and ought to be diminished.

        by lysias on Tue Feb 26, 2013 at 11:20:47 AM PST

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      •  I would say its unlikely that SCOTUS (1+ / 0-)
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        will find a federal right to same sex marriage and knock down gay marriage bans nationwide. I agree that it is most likely only going to apply to CA (assuming they throw out Prop 8), but it could set the precedent that voting to take away rights already granted is unconstitutional, which would block future efforts to repeal gay marriage at the ballot box once the right has been enjoyed by some citizens of a state.

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