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View Diary: Prop 8 legal challenge likely to fail (87 comments)

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  •  cut and paste her actual rulling in In Re marriag (0+ / 0-)

    what does that say? How does that jive with the arguments about her here?

    •  i don't understand yr comment (0+ / 0-)

      but this is the decision that legalized marriage

      www.beyondmarriage.org

      by decafdyke on Wed Nov 19, 2008 at 07:08:47 PM PST

      [ Parent ]

      •  my point is the context of her prior decisin (0+ / 0-)

        will tell you a lot about how to  view her choices here at least in a broad sense as negative, possitive or neutral. Assuming I am understaing you (which Maybe I am not) but you seem to read it negatively (her actions today).

        if the decision mostly is in accord with the majority- sweeping language about marriage, equal protection etc, that indicates it should be viewed as mostly neutral.

        why?

        because of several reasons that I am being reminded of about judicial review that I had forgotten since I am a transactional attorney:

        a) Con Law analysis rules based on the narrowest interpretatin possible. If she were deciding In Re Marriage on a strictly technical issue , she would have deferred to Proposition 8. Remember the justices as I recall were asked to hold off their decision until after the vote on Prop 8. Her vote on In re marriage would be odd if it came down to her not wanting to wait a few months with a position about which she agreed

        b) Judges tend to follow the rulings that they create as precedent. Especially on equal protection analysis and protected rights.

        c) judges tend to want to let cases go through the judicial process since the s ct is normally not the trier of facts.

        these points tend to push me toward viewing her decision today neutrally.

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