Holding My Breath

Tomorrow? If not, then probably later this week the Supreme Court will finally release their DOMA and Prop 8 decisions. A fine sense of drama these Supremes have, but Amy Howe at Scotusblog explains why, as pure drama, the outcome may not justify all the tension.

About James Hanley

James Hanley is former Associate Professor of Political Science at Adrian College and currently an independent scholar.
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5 Responses to Holding My Breath

  1. Matty says:

    So if I’m reading that right in both cases there is a chance the court will say, in effect, ‘we’re not going to answer this question after all’

  2. James Hanley says:

    Yes, and in both cases SDM supporters win, because both would leave their respective lower court rulings intact, and both those were favorable outcomes (striking down DOMA and Prop 8). But neither would be the big enchilada, which would matter more psychologically, perhaps, than legally.

  3. Matty says:

    Hmm, most description I’ve seen suggest that the swing vote is Kennedy and that he is both sympathetic to gay rights and reluctant to appear too radical, does that make punting in this way more likely?

  4. James Hanley says:

    I don’t know the answer to that question.

    Update: Not today, but since this is the last week of June, surely this week. I will be out of touch the next two days.

  5. Matty says:

    Seems she was right about the prop 8 case but DOMA did get a proper thrashing.

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