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View Diary: The DOMA Decision (124 comments)

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  •  Did Kennedy not have the votes for Prop 8? (8+ / 0-)

    Reading Kennedy's eloquent dissent in Perry and looking at the strange line-up, I wonder if he wrote a majority opinion that lost Breyer and Ginsburg and Sotomayor  or if they just weren't ready to do it.  His dissent in Perry is based on the importance of the initiative process in California (his home state) and it is absolutely correct.  Roberts was dishonest in his majority opinion.  Alito and Thomas joined Kennedy because they clearly wanted to address the merits and uphold Prop 8.  Kagan presumably wanted to join with Kennedy and overturn it.  Scalia would have joined them on standing, but then they wouldn't have a majority for any position, or might have lost 5-4.  Scalia had to join Roberts and do it on standing or he would have lost it all.  Really interesting.   Or maybe Breyer does agree on cutting back on standing and Ginsburg joined in, although I find that puzzling.

    Kennedy's dissent is really eloquent, especially in the last paragraph where he reminds Roberts that government comes from the people up not from the government down.  To bad he doesn't have the same empathy for racial minorities.  

    Don't bet your future on 97% of climate scientists being wrong. Take action on climate now!

    by Mimikatz on Wed Jun 26, 2013 at 09:23:15 AM PDT

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