The Harvard Law School website has an interview with Professor Larry Tribe with his predictions about what the Supreme Court is most likely to do in the two pending gay marriage cases: [M]y hunch – and it is only that – is that the Court will narrowly conclude that the DOMA [Defense of Marriage [...]
Linda Greenhouse, America’s premier legal journalist, has posted this spot-on analysis of why a ruling that DoMA is unconstitutional based on federalism concerns would be a Trojan horse that could haunt progressives for years to come: Beware of conservatives bearing gifts. Ever since last week’s frustrating Supreme Court argument in the Defense of Marriage Act [...]
“Do you think they will punt on this one too?” That was the first thing I heard this morning in the Supreme Court pressroom. And though one can never be sure of anything after an oral argument, it looks to me like there will be no jurisdictional punt on the DOMA case. Unlike the Prop [...]
Tomorrow morning starting at 10, the Justices return for day 2 of their gay marriage marathon. In United States v. Windsor, they will decide whether the federal government must recognize the marriage, valid under New York law, of Edie Windsor (above, R) and the late Thea Spyer (L). (Photo taken early in their 44-year relationship.) [...]
Last night (which was cold here in DC), the line began to form for seats to hear oral arguments in the two gay marriage cases that the Supreme Court will consider next week. First up on Tuesday morning will be the challenge to Prop 8; on Wednesday, the Court will hear the DoMA case. The [...]
Following is my take on the arguments filed by the defenders of DOMA and Prop 8 and their supporting amici in the cases pending before the Supreme Court. There are so many possible cultural interpretations of the debates over gay marriage that it seems pointless and premature to try to nail down what all the [...]