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View Diary: The Catch-22 in Chief Justice Roberts' Argument (67 comments)

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  •  Aren't the key words (0+ / 0-)

    "rational basis"?

    •  Well (0+ / 0-)

      I personally believe there's no rational basis but believe it or not governments have routinely been found to have had a rational basis for things that most of us normal folks would consider not rational.  The court is supposed to defer to that.  So if this case is decided on rational basis, then the fact that the government can articulate a reason, however ridiculous to us, helps the anti-marriage equality folks.  Doesn't mean they win (and I think it's certain they lose, on DOMA) but it isn't as cut and dried as if it is rational-basis plus or even intermediate scrutiny.

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