SCOTUS to decide SSM this term
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  SCOTUS to decide SSM this term
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Author Topic: SCOTUS to decide SSM this term  (Read 6544 times)
Miles
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« on: January 16, 2015, 03:36:10 PM »

Breaking.
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H. Ross Peron
General Mung Beans
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« Reply #1 on: January 16, 2015, 04:02:30 PM »

Its happening.
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World politics is up Schmitt creek
Nathan
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« Reply #2 on: January 16, 2015, 04:05:44 PM »

High hopes.
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Kushahontas
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« Reply #3 on: January 16, 2015, 04:19:39 PM »

Wonderful! The marriage equality wave is building!
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Türkisblau
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« Reply #4 on: January 16, 2015, 04:26:07 PM »

Republican presidential hopefuls comment on this in 3... 2... 1...
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Likely Voter
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« Reply #5 on: January 16, 2015, 04:43:49 PM »

Republican presidential hopefuls comment on this in 3... 2... 1...

Actually most don't really want to talk about this at all. The ones who will are Carson, Santorum and Huckabee, but the rest wish this issue would go away.
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Attorney General, LGC Speaker, and Former PPT Dwarven Dragon
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« Reply #6 on: January 16, 2015, 05:02:59 PM »

Well, let us hope that Scotus decides that this decision belongs to legislatures and voters, not activist judges. Unfortunately, I'm not particularly hopeful on that point.
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Gass3268
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« Reply #7 on: January 16, 2015, 05:05:06 PM »
« Edited: January 16, 2015, 05:11:11 PM by Gass3268 »

Well, let us hope that Scotus decides that this decision belongs to legislatures and voters, not activist judges. Unfortunately, I'm not particularly hopeful on that point.

^ HP
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Beet
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« Reply #8 on: January 16, 2015, 05:06:44 PM »

I'm afraid they're going to use this as cover for some horrible decision involving economics/finance/the political system, such as striking down the subsidies in the Affordable Care Act.
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TDAS04
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« Reply #9 on: January 16, 2015, 05:37:59 PM »

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Türkisblau
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« Reply #10 on: January 16, 2015, 05:51:27 PM »

Well, let us hope that Scotus decides that this decision belongs to legislatures and voters, not activist judges. Unfortunately, I'm not particularly hopeful on that point.


Are you kidding me? I thought you were supposed to be a sensible moderate.
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SWE
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« Reply #11 on: January 16, 2015, 05:55:21 PM »

Well, let us hope that Scotus decides that this decision belongs to legislatures and voters, not activist judges. Unfortunately, I'm not particularly hopeful on that point.


Are you kidding me? I thought you were supposed to be a sensible moderate.
You should have seen what he had to say about SSM in IRC. "If we legalize gay marriage people will become gay for fun!"
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ElectionsGuy
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« Reply #12 on: January 16, 2015, 05:58:53 PM »

It'll be approved, and this issue will be gone soon enough.
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Ray Goldfield
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« Reply #13 on: January 16, 2015, 06:05:25 PM »

I don't think they would have taken on this case if Kennedy wasn't ready to join the right side of history.

The only real question is if Roberts joins him.
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Attorney General, LGC Speaker, and Former PPT Dwarven Dragon
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« Reply #14 on: January 16, 2015, 06:08:03 PM »

I don't think they would have taken on this case if Kennedy wasn't ready to join the right side of history.

The only real question is if Roberts joins him.
If Kennedy continues to suport court mandated ssm, roberts will join for legacy reasons. If Kennedy joins the against sidea roberts will stay there.
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free my dawg
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« Reply #15 on: January 16, 2015, 06:09:06 PM »

Well, let us hope that Scotus decides that this decision belongs to legislatures and voters, not activist judges. Unfortunately, I'm not particularly hopeful on that point.


Are you kidding me? I thought you were supposed to be a sensible moderate.

Benghazi
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Harry
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« Reply #16 on: January 16, 2015, 07:59:33 PM »

7-2 ruling in favor of gay marriage, with Scalia and Alito dissenting?
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RFayette
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« Reply #17 on: January 16, 2015, 08:02:44 PM »

7-2 ruling in favor of gay marriage, with Scalia and Alito dissenting?

No, 6-3 is probably the most likely.  Thomas and Scalia vote quite similarly, and Thomas is usually the more conservative one in a split.
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TDAS04
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« Reply #18 on: January 16, 2015, 08:05:46 PM »

7-2 ruling in favor of gay marriage, with Scalia and Alito dissenting?

I would be stunned if Thomas votes in favor of gay marriage, and that's an understatement. 
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Brittain33
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« Reply #19 on: January 16, 2015, 08:11:02 PM »

7-2 ruling in favor of gay marriage, with Scalia and Alito dissenting?

I would be stunned if Thomas votes in favor of gay marriage, and that's an understatement. 

I would be stunned if Thomas doesn't issue his own dissent going further than whatever Scalia and Alito write.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #20 on: January 16, 2015, 10:00:46 PM »

I don't think they would have taken on this case if Kennedy wasn't ready to join the right side of history.

The only real question is if Roberts joins him.
If Kennedy continues to suport court mandated ssm, roberts will join for legacy reasons. If Kennedy joins the against sidea roberts will stay there.

With the split circuits, it was inevitable they'd take this case, so the decision to do so doesn't let us infer anything about the eventual result.  I think Roberts will try to come up with an argument that lets this be a 6-3 decision, but if he can't, I don't see him being all that upset about letting it be a 5-4 decision.

Of the two issues SCOTUS is taking up with this case, the one I'm interested in not whether they'll decide to require states to recognize SSM, since unless there is an unexpected departure from the court they will, and even then at worst it'll cause them to hold off until a replacement is named to the court.  No it's the one on whether states can be forced to recognize the SSMs of other states when they don't recognize them themselves.  Possibly the court may decide the issue is moot if as expected they rule in favor of SSM.  I hope so, because otherwise they may be dealing with a lot of topics that had been settled law beyond the narrow issue of SSM.  Current doctrine is that states only have to recognize the actions of other states if the same action could be taken in that state itself and that minutae of how the two states might have differences in taking that exact same action shouldn't cause a state to not accept what another state has done.  I hope they continue that.  Imagine if you will if every state had to accept as valid the concealed carry permits issued by another state, even if they don't issue them themselves.
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Flake
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« Reply #21 on: January 16, 2015, 11:08:21 PM »
« Edited: January 16, 2015, 11:12:19 PM by Flo, IDS Emperor »

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jfern
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« Reply #22 on: January 17, 2015, 02:31:43 AM »

7-2 ruling in favor of gay marriage, with Scalia and Alito dissenting?

I would be stunned if Thomas votes in favor of gay marriage, and that's an understatement. 

True, it would be odd if a dissenter on Lawrence v. Texas voted for gay marriage.
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Angel of Death
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« Reply #23 on: January 17, 2015, 04:41:31 AM »

In case anyone is curious, the name of this case is likely going to be Obergefell v. Hodges.
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politicallefty
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« Reply #24 on: January 17, 2015, 12:00:18 PM »

As expected, and I'm optimistic as to the final ruling. I'd be extremely shocked if Justice Kennedy didn't vote in support of marriage equality. I think the only question is whether or not it'll be a 5-4 ruling or a 6-3 ruling for 50-state marriage equality. Chief Justice Roberts is definitely a possibility, but more likely than not to be against (even if barely so). I'm hopeful that he'll recognize the correct the decision in this case as one for his legacy. This will be a landmark decision, one that will be remembered for generations ahead. With or without Roberts, I'd be surprised to see anyone other than Kennedy write the majority opinion.
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