Ted is saying that the ruling of the USSC was binding on the parties of the case and that each state and other parties can take up the banner and fight again and again and again. He’s saying it’s a lost battle not a lost war.
And legally he’s right about the ruling applying only to the parties of the case. Other parties can ignore the ruling and file a lawsuit, each time trying different strategies and tactics.
The liberals do this with the right to keep and bear arms. Just make the license difficult, conditional, and so forth. Litigate, litigate, litigate.
And if the Court continues to uphold gay marriage, and deny the people the right of self-government, the States should just DISOBEY.
The real question is: Why are so many people “getting it” that the Supreme Court does NOT have the last word, when the issue is gay marriage, while hardly anyone has understood that the Supreme Court can and must be disobeyed when it claims to “legalize” abortion.