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To: Huck
Reynolds v. United States did NOT confirm the statutory regulation of marriage practices in the STATES.

Therefore the challenge to the Defense of Marriage Act (signed by Slick Willie) is null and void...

38 posted on 01/01/2010 2:26:13 PM PST by Sir Francis Dashwood (Arjuna, why have you have dropped your bow???)
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To: Sir Francis Dashwood
Therefore the challenge to the Defense of Marriage Act (signed by Slick Willie) is null and void...

Assuming it reaches the SCOTUS, it will be hard to predict the outcome. The AG is of course correct. Marriage is a state matter. But what will the justices say? Obviously, the liberals will vote based on the outcome, so that's 4 votes for states' rights (Breyer, Ginsburg, Sotomayor and Souter.) All they need is one more. Justice Thomas, imo, would be the one to watch. Unlike Scalia, who cherry-picks his originalism, Thomas tends to uphold the Constitution even when it pisses off the big gubmint social conservatives. It's too soon to tell what Alito or Roberts would do with a case like this. Kennedy, for once, won't be a factor.

42 posted on 01/01/2010 5:24:03 PM PST by Huck (The Constitution is an outrageous insult to the men who fought the Revolution." -Patrick Henry)
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