Aug 18, 2010 6:13 PM GMT
Which Supreme Court Justices Will Uphold Judge Walker's Ruling?
http://www.bilerico.com/2010/08/which_supreme_court_justices_will_uphold_judge_wal.php
viveutvivas saidIt all comes down to Kennedy. Given his recent record of coming down on the right of various issues, it would be naive to be optimistic. I think we are fucked.
metta8 saidI wish that we could find a way to change Scalia and Thomas opinion of this:
"Justices Scalia and Thomas, however, would definitely love to strike down Judge Walker's ruling with lighting and thunder. Not because they hate gays, but because they don't believe in using the Constitution's Due Process clause to invalidate laws unless it involves gun restrictions."
viveutvivas saidThomas always follows Scalia.
tennsjock saidNo, I disagree. I think we've got a very good chance if this goes to the Supreme Court. Assuming we have the four moderate judges -- Sotomayor, Breyer, Ginsburg, and Kagan -- then yes it comes down to Kennedy. He's certainly no liberal, but on our issues he's been very good.I have to agree with you. Having read Walkers decision I would be surprised if Kennedy would not vote in our favor. As you stated he has made some vital decisions in our favor. If he decided against our side it would be shocking in light of his previous decisions. My personal predictions that we will have nation wide marriage equality in the next 2-3 years. *fingers crossed*
He wrote the majority opinion in Romer v. Evans which struck down an anti-gay amendment to the Colorado constitution. This amendment prohibited any city or local government from enacting non-discrimination laws protecting people from discrimination on the basis of sexual orientation. Here are some excerpts from his opinion:
To the contrary, the amendment imposes a special disability upon those persons alone. Homosexuals are forbidden the safeguards that others enjoy or may seek without constraint.
Its sheer breadth is so discontinuous with the reasons offered for it that the amendment seems inexplicable by anything but animus toward the class that it affects; it lacks a rational relationship to legitimate state interests.
[Amendment 2] is at once too narrow and too broad. It identifies persons by a single trait and then denies them protection across the board. The resulting disqualification of a class of persons from the right to seek specific protection from the law is unprecedented in our jurisprudence.
He also wrote the majority opinion in the 2003 case Lawrence & Garner v. Texas which struck down Texas' anti-gay sodomy law. His opinion in that case is so beautiful and moving.
Thomas is too lazy to write much of an opinion -- he'll probably just sign on to whatever Scalia writes. And you can definitely count on Scalia for a mean-spirited, snarky attack! I'm sure Alito and Roberts will also uphold Prop 8, but I'm not sure if they'll write their own dissent or sign on to Scalia's.
jprichva saidJustice Thomas??
I thought his name was Justice Long Dong Silver.
alphatrigger saidThe chances are more likely that Ninth Circuit Court of Appeals may refuse to hear the case, effectively rendering it a regional issue, and failing to apply a national mandate to SSM.
jprichva saidJustice Thomas??
I thought his name was Justice Long Dong Silver.