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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.