Tuesday, March 26, 2013

Proposition 8 -- reading the judges (if not the tea leaves)

I haven't had occasion or opportunity to listen to the argument yet -- it'll be released at1:00 PM Eastern.

Doesn't everyone wanna spend lunch listening to an oral argument?   [if you are looking for it, go here after lunch]

Early reports by knowledgeable observers suggest that Justice Kennedy showed great unease about "overturning" Proposition 8, and that there is little likelihood of a sweeping decision from the Court.  And Roberts pounded standing like nobody's bidness.

So I think we can expect the ruling below to stand, and Californians will be free to marry a partner o' their choice.  But folks in other states and other places can hang tight and let the laboratory do its work.  Even if the Fourteenth Amendment suggests that some labs are cooking up unlawful restrictions.

If that's how you view the amendment. . . .











Before the argument, the court announced another Fourth Amendment search and seizure decision, with Justice Scalia again writing for a majority finding the police conduct too invasive [resting their decision on notions of trespass].

good stuff


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