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View Diary: Obama administration will file brief in Prop 8 case (101 comments)

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  •  You seem stuck on heightened scrutiny. (0+ / 0-)

    ...and it's not been the standard for LGBT law.  Period.  Ever.

    It's a failing a lot of left-leaning LGBT-friendly court followers have, but a failing nonetheless.

    The Congressional taxation power wasn't briefed in the ACA case, either, and yet, here we had Justice Roberts use it.  The Justices will use what they want, when they want, and they don't pretend laws (and Constitutional clauses) don't exist just because someone didn't bring it up.  Hell, they've even said as much, in virtually that language.

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