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View Diary: How justices decide (104 comments)

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  •  6-3 (0+ / 0-)

    I can see CJ Roberts joining J. Kennedy on the premise of states rights grounds. But if J. Kennedy decides to vote with J. Scalia & co, I don't see CJ Roberts alone jumping the fences to join the liberal bloc. It'll be either a 6-3 majority for the good guys, or a 5-4 majority for the bad guys.

    But it could very well be a split decision. DOMA struck down on federalism issues (6-3) whereas prop 8 survives under the same theory (5-4): it’s up to the states to define what marriage constitutes and California was within her right to do so with regards to Prop 8. That way both Kennedy and Roberts might save face and still hold the conservative mantle.

    Obama-Biden in 2012: four more years!

    by Frederik on Wed Apr 03, 2013 at 02:30:14 AM PDT

    [ Parent ]

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