Saturday, January 17, 2015

SCOTUS ON SAME SEX MARRIAGE

++I mentioned when the Sixth Circuit Court upheld same sex marriages bans that the deciding judge was a favorite of conservatives and a likely Supreme Court prospect if a Republican won the presidency. I also pointed out that he had the bloodless notion of the law which his colleagues picked up. Two of the plaintiffs were nurses who had adopted disabled children. None of that made it into his argument. 

++The Obama Administration will submit an amicus curiae brief arguing for the legality of same sex marriage everywhere.

++Just as my dread emerged when the Court accepted the Burweil case against subsidies for Obamacare, my fears rise with this case. Would the Court cancel the marriages of all those same sex marriages in states where it hadn't been approved by voters? What happens to a same sex married couple who moves to a more inhospitable state? Are we back to the fight over whether your significant other can visit one in the hospital or be listed as heir?

++My nightmare scenario says Yes but certain things tamper that. The Supreme Court did not interfere as federal court after federal court toppled the restrictions on same sex marriage. Even after the 6th Court had ruled, they did not intervene in the Florida case even though the state of Florida hired a top-gun legal firm in D.C. to petition the Supreme Court. Today's Buzzfeed had an article on this phenomenon saying it make it certain same sex marriage will pass the Supreme Court. That the Supreme Court would have interceded sooner if they didn't like the way events were going. 

++Nina Totenberg was on Rachel Maddow explaining to a skeptical Rachel Maddow that because the gay rights movement chose such perfect plaintiffs--the two nurses, the military couple now stationed in Tennessee, and others--that you will see them frequently before and after the decision. She does say that Justice Kennedy is the lynchpin, having authored all the major gay rights decisions in this and the last century. And yet Justice Kennedy has mused aloud about the states' right to determine marriage requirements.

++If the decision should go against same sex couples, it would be the 21st Century's Dred Scott decision. Let's hope not.

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