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3 responses to “Toobin predicts: Yes-Gill, No-Prop 8”

  1. ChuckGG

    I heard the Prop-8 case was “narrowly defined” and thus would apply only to California even if SCOTUS decided to hear the case and regardless of how they ruled. Clearly, if SCOTUS opts not to hear the Prop-8 case then the 9th Circuit’s ruling stands thus making SSM legal in CA.

    DOMA is a dead-duck. Few believed it Constitutional when it was signed into law. We finally have cases that test its Constitutionality.

  2. Francois

    ChuckGG In “I heard” the earth is only 6,000 years old. Some credible authority might be nice in support of an opinion. SCOTUS does not decide cases on a state by state basis but as as matter of federal law.

    In any event Scalia already said in his dissent in Lawrence that it can not be reconciled with denial of marriage equality. Ergo he is in a position in which he must respect stare decisis and follow precedent he has already admitted controls. That alone tips the balance. Still the gay rights decisions in which two more conservative justices came out in out favor point to a 7/9 decision in our favor so I really don’t know why they should not take the case.

  3. ChuckGG

    Francois – The “I heard” was all over the news when the Ninth found against Prop-8 some time ago. Here is what I believe to be a credible source, just for your edification: http://www.prop8trialtracker.com/category/prop-8-trial/9th-circuit-court-of-appeals/

    It will be interesting and I am optimistic SSM eventually will be the law of the land. Probably, because I see no valid argument against it.

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