[1010RD]

Per your link: If Mr. Dellinger is right (and I think he is), the Supreme Court has no jurisdiction to decide the Proposition 8 case, and neither did the Ninth Circuit. The court should vacate the decision striking down Proposition 8, leaving in place the original district-court order that prompted the case by allowing two same-sex couples to marry, but depriving Hollingsworth of precedential effect.

Shouldn't it simply allow the original ruling by the California SC to stand? If it is a state issue then that ruling by the state's highest court should decide it for that particular state. McConnell is having it both ways still, that is homosexuals get everything they want - overturning the voters vote for Prop. 8 and undoing DOMA.

[cotton1706]

I agree with you except that I would think the people changing the state constitution would trump the CA Supreme Court. The decision on what the people can do within a state would then be decided at the next higher level, which would be a federal district court, to ensure that the people of California did not in some way violate the Federal Constitution (and I don’t think they did).

However, I believe that the US Supreme Court will try to thread this needle along the lines of what McConnell wrote. Something narrow, not broad.