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View Diary: The Supreme Court won't uphold Prop 8, but ... (207 comments)

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  •  I perked up at that as well. (5+ / 0-)

    Perhaps he thinks that, if intermediate scrutiny really did apply here, that his hand would be forced?  But Judge Walker laid out, iirc, a pretty exquisite explanation for why Prop 8 flunked even rationality review, so that seems like an unusual way out to be looking for.  Intermediate scrutiny is pretty nebulously defined, really, so I'm not sure that the difference between it and rationality review would carry the day here.

    Then again, I'm no expert at this, and there are so many issues being presented at once here that the outcome could be surprising.

    "The first drawback of anger is that it destroys your inner peace; the second is that it distorts your view of reality. If you come to understand that anger is really unhelpful, you can begin to distance yourself from anger." - The Dalai Lama

    by auron renouille on Tue Mar 26, 2013 at 12:55:54 PM PDT

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