DoMA bites the dust

June 26, 2013

In a decision by Justice Kennedy, the Supreme Court ruled this morning 5 to 4 that the federal government must recognize the validity of same-sex marriages recognized under state law. Widely anticipated yet still wildly celebrated, the opinion was the first to invalidate a federal statute on the ground that it discriminates based on sexual […]

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Rumor of the week: Supreme Court will find no jurisdiction in DoMA case

June 21, 2013

Everyone knows that there is an excellent chance that the Prop 8 case will be resolved, at least in part, on standing grounds.  But the rumor sweeping DC this past week has been that the Supreme Court will surprise everyone by ruling that it lacks jurisdiction to decide the constitutionality of DoMA. Is there any […]

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The end of the term: June Madness

June 19, 2013
USSC conf

The Supreme Court has 14 cases left to decide from its 2012-2013 term, and a week in which to announce the decisions. So we know for sure (barring a truly extraordinary turn of events) that as early as tomorrow and certainly by a week from tomorrow, the world will know the outcomes in four blockbuster […]

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Post-DoMA, which state’s law will determine marital status?

June 14, 2013

If the Supreme Court finds that the provision in DoMA that bars federal recognition of same-sex marriages is unconstitutional, will that ruling benefit couples only in the 12 states plus DC that allow gay marriage? Or will federal agencies treat couples as married if their marriage was legal where celebrated? This is a huge question, […]

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Larry Tribe predicts mixed results in Supreme Court, criticizes Obama and California

May 14, 2013

  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 […]

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The perils of federalism

April 6, 2013

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 […]

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