by The Dude » Tue Mar 26, 2013 11:57 pm
1. I was annoyed by how much time was spent on Standing. Sure seemed like Roberts is trying to find a way not to rule on the case and keep the 9th's ruling intact (or lower court) that way. But the pathway towards that would be disastrous and really unthinkable to take away standing.
2. Olsen should have simply told Scalia when the 14th was adopted. But it wasn't one of Scalia's finer days.
3. Cooper's argument was lulzworthy.
4. Kennedy wants absolutely no part of this case. He knows he is possibly the deciding vote and wants out but it stuck.
Still think what I said previously will hold true. DOMA gone, prop 8 officially gone (one way or another). the only question is how narrow the case will be. Will it just be Cali, will it just be states with civil unions and same-sex marriage, or will it apply to the entire US? Since I always thought they wouldn't take this case for a few more years, it's possible the first 2 will apply and they will wait til a new case arrives from a state with a ban in a few years (that didn't previously not have a ban). Probably when Scalia retires/dies.
edit: I will say prop 8 may be gone for the most part or up to a later challenge. I wouldn't be surprised if the Court decided to hit the reset button on granting cert and just sending it back.