The Thomas Strategy

April 3, 2013

Could Justice Clarence Thomas end up on the good side of the ledger in the DoMA case? Personally, I doubt it, but stranger things have happened (though not many, I think). The argument is that Justice Thomas might join Justice Kennedy in an opinion that DoMA is unconstitutional because it amounts to a federal usurpation […]

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The REAL argument is today (and with luck, the Perry case could go away)

March 29, 2013

Friday at 10 a.m. is the traditional conferencing time for the Justices of the Supreme Court, and they are gathering this morning to preliminarily decide the outcomes of the cases in which they heard argument this week. These early outcomes can change; the result in Bowers v. Hardwick famously flipped from good to bad when […]

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Marriage @ the Supreme Court: What happened in the Prop 8 argument?

March 26, 2013

The Supreme Court Justices hearing the Prop 8 case this morning were all over the place.  I have posted at an elaboration of why the best word to describe the argument is fractured. To see if you agree with me, you can read the transcript for yourself, and listen to the argument as well.  […]

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Marriage @ the Supreme Court: Prep for the Prop 8 argument

March 25, 2013

The first gay marriage case to be argued (ever) in the Supreme Court is set for tomorrow at 10 am, in Hollingsworth v. Perry, the challenge to Prop 8. Here are some important points to listen for: At the logical threshold of the case lies a question that has nothing to do with gay marriage: standing, a technical legal […]

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Marriage @ the Supreme Court: The homestretch

March 22, 2013

 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 […]

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The great (straight) marriage debate

February 9, 2013

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 […]

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