Posted on 12/27/2013 12:32:52 PM PST by SeekAndFind
I wish I were merely thinking aloud. Instead the nightmare about the Roberts court is true —
(1) Roberts found Obamacare constitutional, enraging conservatives.
(2) Since the two gay marriage decisions, several judges have cited the Roberts court in knocking down laws against gay marriage.
See commentary below —
“The U.S. Supreme Court today struck down the key component of the Defense of Marriage Act, handing the Obama administration the power to recognize same-sex marriages nationwide for the purposes of federal benefits.
At the same time, Chief Justice John Roberts perhaps unwittingly gave the administration carte blanche to interpret the DOMA ruling in the broadest terms possible. By rejecting a citizen challenge to the federal court ruling that overturned California’s Prop. 8 ban on same-sex marriage, Roberts may have made it impossible for conservatives to sue the administration over how it recognizes those unions on a federal level.”
have you read the prop-8 opinion, with Roberts and Scalia in the 5-4 majority?
have you read the Windsor DOMA opinion, with Roberts and Scalia in the 5-4 MINORITY?
do you agree with the prop 8 opinion?
do you agree with the prop 8 majority opinion?
Regarding the PROP 8 SCOTUS case:
1. It does not matter what I think or what I agree to, as I am not involved in it. It matters what the facts are.
2. Nobody knows for sure that Kennedy does want to get state marriage laws before the court so that he can do an Amendment 14 national right to gay marriage.
3. Nobody knows for sure that Kennedy does NOT want to do an Amendment 14 national right to gay marriage.
4. IT IS possible Scalia knows Kennedy is ready for #2 and sided against standing to keep Kennedy’s hand off of it for as long as possible ... into the next presidential term with a possible new judge.
5. It is possible #4 is not true.
6. The ruling has to do with standing on referendums and state constitutions ... not explicitly about marriage.
7. When I read thru the majority opinion, I can find areas that are reasonable and some paragraphs that I DO NOT agree with.
8. When I read thru the MINORITY opinion, I can find areas that are reasonable and some paragraphs that I DO NOT agree with.
9. I stopped analyzing the text of SCOTUS opinions after KELO because the populist right (FReeper) do not read them and don’t have an interest.
10. The job of the attorneys is to get plaintiffs who clearly have standing, so you do not risk getting a case rejected on such an issue.
11. The attorneys failed in this case as the court was so divided on the standing of these plaintiffs.
12. it is absurd to think only the AG and GOV could have standing.
13. It is reasonable that the San Diego County clerks have standing (a better choice I believe than the referendum petitioners) ... they pressed their case ... but dropped it in the end, without going to SCOTUS.
14. To me, it seems almost certain that Scalia would have allowed standing for the San Diego County clerks. They were directly impacted by the District Court.
#45
endless comments on this site blaming Roberts for the DOMA decision ... I decided to spend 10 minutes trying to assert some facts ... no interest! ... Ranting is in, facts are not relevant.
Roberts dissented in the DOMA and case Kennedy was the b*tch, so I declare you the winner based on reality.
I ain’t no law talking guy but I’m sure the reason given why it’s actually Roberts fault is a bunch of hooey. Mind you I hate the SOB for Obamacare but come on.
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