Skip to main content

View Diary: The Moment is Now: Prop 8 Comes to the Supreme Court (8 comments)

Comment Preferences

  •  The difference between the two trials (0+ / 0-)

    You stated above...

    In a sign that it’s not likely to be found, the U.S. Supreme Court has set aside time for “standing” on DOMA oral arguments tomorrow – where the Obama Administration has likewise refused to defend an anti-gay law, and right-wing proponents have had to step in to “represent” the federal government.  But the Court has not done the same for Prop 8, which suggests that they want to go to the merits of the question.
    The reason that there is no separate time set aside for standing on the Prop 8 case is, with respect to the DOMA case, the Supreme Court appointed an attorney to present arguments as to why, alternatively, BLAG and the Department of Justice do not have standing in that case. Time has been set aside so that the court can hear the arguments that attorney, who is otherwise not a part of the case, has made. No such separate process has occurred in the Prop 8 case. So the lack of a separate time to discuss the standing issue on Prop 8 really doesn't mean very much; it is part and parcel of the case and will be discussed instead by the attorneys for the two sides.

Subscribe or Donate to support Daily Kos.

  • Recommended (152)
  • Community (77)
  • Bernie Sanders (50)
  • Elections (45)
  • 2016 (41)
  • Climate Change (35)
  • Environment (34)
  • Hillary Clinton (33)
  • Culture (32)
  • Civil Rights (29)
  • Science (29)
  • Republicans (28)
  • Media (27)
  • Barack Obama (24)
  • Labor (23)
  • Law (23)
  • Spam (22)
  • Education (19)
  • Trans-Pacific Partnership (19)
  • Congress (18)
  • Click here for the mobile view of the site