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View Diary: I rarely say this, but Maureen Dowd is a must-read! (179 comments)

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  •  That's the safe way to handle this but what's... (0+ / 0-)

    on Kennedy's mind?
    Sounds like he wants a disruptive "sweeping" decision.
    Something that will reduce the disgrace of the Robert's court.
    Something that will resurrect his Legacy.

    It will be a 5-4 decision if it is sweeping.
    50/50 chance which way the broom will sweep but I don't think the dirt it's going under the rug or in the closet.

    •  I can see a 6-3 or even 7-2 (1+ / 0-)
      Recommended by:

      that leaves the current blocking of Prop 8 from Judge Walker in place without IN THIS CASE addressing the underlying issues

      how that would affect today's case I do not know.  I have not yet gotten anything other than brief reports.

      I figure Thomas is a lost cause, although if Scalia decided to join the majority, I can see Thomas also joining.  The only basis on which I see that happening is the fact that this was an attempt to take away rights that already existed in California.   There is something of a constitutional hostility to that, and since the impact of that would be limited to California's particular set of circumstances, a unanimous but narrow opinion is at least theoretically possible.

      "We didn't set out to save the world; we set out to wonder how other people are doing and to reflect on how our actions affect other people's hearts." - Pema Chodron

      by teacherken on Wed Mar 27, 2013 at 11:07:32 AM PDT

      [ Parent ]

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