Skip to main content

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

Comment Preferences

  •  Fighting chance? No way. (0+ / 0-)

    None of the justices seemed to like it.

    I think there are three realistic options here based on the questions and general tone today: they rule 1) that they shouldn't have granted cert, 2) there was no standing, or 3) on the merits, but in a way that limits it to CA only.

    One should no more deplore homosexuality than left-handedness. ~Towards a Quaker View of Sex, 1964 (Proud left-handed queer here!) SSP: wmlawman

    by AUBoy2007 on Tue Mar 26, 2013 at 02:55:10 PM PDT

    [ Parent ]

    •  You (0+ / 0-)

      are presuming a whole lot based on Justices' questions at oral argument. How'd that work out in the Affordable Care Act case?

      •  from all accounts though (0+ / 0-)

        Roberts pulled a fast one on the other Conservatives at the last minute.

        •  Well, (1+ / 0-)
          Recommended by:
          Clem Yeobright

          there's now plenty of time for further "fast ones" in this case, right?

          The point is that it's seriously dubious to predict the outcome a court will reach merely by the "tea leaf" approach of interpreting the judge or judges' questions. That's especially true in complex cases—such as this one, where there are so many different outcomes the Court could potentially reach.

          Who knows what will happen when one or more justices advocating throwing the case out on standing collide with one or more justices advocating affirming the Ninth Circuit, or still others who want to reverse both courts below and uphold Prop 8? I just don't see how anyone can be confident about how the process will come out.

Subscribe or Donate to support Daily Kos.

  • Recommended (129)
  • Community (64)
  • Elections (24)
  • Media (23)
  • Environment (23)
  • Civil Rights (22)
  • Culture (22)
  • Trans-Pacific Partnership (21)
  • Science (21)
  • Law (21)
  • Josh Duggar (20)
  • Labor (18)
  • Economy (17)
  • Bernie Sanders (16)
  • Ireland (16)
  • Marriage Equality (16)
  • 2016 (15)
  • Hillary Clinton (15)
  • Climate Change (15)
  • Rescued (15)
  • Click here for the mobile view of the site