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View Diary: Prop 8 Struck Down: The Decision (376 comments)

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  •  The legal conclusions are definitely (2+ / 0-)
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    theran, MKinTN

    pretty sweeping.  The findings of fact seem pretty comprehensive.

    It is important.  But it is certainly not determinative.

    Whether the Court actually decides based on the law or just on what the justices want to do is certainly a topic that has generated many debates.  It very much depends on your perspective.  I think it is a bit of both.  It really depends on the particular justice, and on the nature and the public profile of the case.  

    The decisive vote is likely to be Anthony Kennedy.  It has rarely - if ever - been said of him that he is a judge who most closely follows the law rather than his personal predilections.  That's putting it nicely.  And to the extent that we have indicia of Kennedy's leanings on these issues, they are surprisingly favorable.

    But yes, as the injunction is stayed and might remain so throughout the entire appeals process, the decision is likely just teeing up the question for the major league team.  But it still matters.  There is a mountain of facts that are hard to get around.  Can and will Scalia, Thomas, Alito and (IMO probably also) Roberts find a way around them?  Of course.

    "Put your big-girl panties on and deal with it." -- Stolen from homogenius, who in turn stole it from a coffee mug.

    by Mother of Zeus on Wed Aug 04, 2010 at 07:50:03 PM PDT

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