Supreme Court weighs gay marriage cases
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I believe that the entire DOMA law would not fall if section 3 is found unconstitutional. -
RT @bmaz: @rickhasen @FedcourtJunkie @Reuters Well, it kind of looks that way if the report is accurate, no?by dan.levine via twitter 3/27/2013 3:12:01 PM
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After Clement argues, Solicitor General Donald Verrilli is up next. From Lawrence Hurley before he went into the courtroom:
Verrilli, the Obama administration’s top lawyer, has his 15 minutes on the merits. He also argued Tuesday in the Proposition 8 case, urging the court to strike the law down.
The Obama administration’s position is that any laws that specifically target gays and lesbians deserve “heightened scrutiny” when courts examine them and that DOMA does not pass that test.
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READER QUESTION: Why did SCOTUS take the cases if they're so unsure of standing? -
READER COMMENT: So, if SCOTUS goes no-standing on both Perry and Windsor, then what? My understanding is that Walker's decision is controlling on Perry (and because it's a district court, it only affects the plaintiffs), because the 9th Circuit asked to confirm standing. Windsor goes the other way around - BLAG only got involved after the 2nd Circuit decision, so the 2CA controls, which invalidates DOMA Sec. 3 only within its circuit (and probably 1st Circuit, as per Gill v. OPM and Mass v. HHS). So if SCOTUS punts standing on Windsor, it would seem to me that there's a real crazy-quilt. Imagine a couple that is married in MA, then relocates to PA. MFJ for the first half of the year, then single and Head of Household for the other? Or a military spouse stationed somewhere outside the 1st/2nd, and the civilian spouse within? Or overseas somewhere that SSM is permitted? Disastrous.
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The crowd chants, "Edie! Edie!" as Edie Windsor comes out of the courthouse, drawing smiles from her. #Scotusby joseph.ax via twitter 3/27/2013 4:31:46 PM -
Paul Clement ran like he was dodging the cops from nearly all the usual conservative arguments against marriage equality.by AdamSerwer via twitter 3/27/2013 4:32:24 PM -
Clement argued DOMA was necessary for "uniformity" for fed govt. No procreation stuff, nothing about marriage equality being bad for kids.by AdamSerwer via twitter 3/27/2013 4:34:06 PM
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Lawyer Roberta Kaplan: "there is no one individual who better personifies he concept of equal protection than my client, Edie Windsor."by joseph.ax via twitter 3/27/2013 4:35:16 PM
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Roberts seemed deeply offended at the idea that Congress barred fed recognition of same sex marriages because they don't like gay peopleby AdamSerwer via twitter 3/27/2013 4:37:41 PM
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Edie Windsor talks to the press. #Scotus http://pbs.twimg.com/media/BGYLgTHCEAAMVHi.jpg
by joseph.ax via twitter 3/27/2013 4:42:53 PM -
Windsor: "Judges were very gentle...we felt very respected."by joseph.ax via twitter 3/27/2013 4:43:28 PM
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Windsor: filed suit when I realized "the government was treating us like strangers." #Scotusby joseph.ax via twitter 3/27/2013 4:44:13 PM
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Windsor, on why she got married at the age of 77: "It turns out marriage is different...marriage is magic." #Scotusby joseph.ax via twitter 3/27/2013 4:44:38 PM
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RT @josephax: Windsor: filed suit when I realized "the government was treating us like strangers." #Scotusby dan.levine via twitter 3/27/2013 4:44:38 PM
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RT @michaelkwun: And now we know that RBG is not a fan of skim milk.by dan.levine via twitter 3/27/2013 4:44:51 PM
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RT @josephax: Edie Windsor talks to the press. #Scotus http://pbs.twimg.com/media/BGYLgTHCEAAMVHi.jpg
by dan.levine via twitter 3/27/2013 4:45:24 PM -
Windsor on advances in gay rights: I'm speaking to you openly. Ten years ago I would have been in the closet. #Scotusby joseph.ax via twitter 3/27/2013 4:47:49 PM
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Windsor: "At some point, somebody came out and said, I'm gay. And that gave a couple more people the guts to come out."by joseph.ax via twitter 3/27/2013 4:49:28 PM
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The crowd goes crazy as Edie Windsor walks down the steps. #scotus "we love you Edie!" http://pbs.twimg.com/media/BGYN5yRCcAAWQcA.jpg
by joseph.ax via twitter 3/27/2013 4:53:21 PM -
Edie finally left, after fighting her way through a crowd of press and adoring fans. "She needs a Popemobile," one guy said. #SCOTUSby joseph.ax via twitter 3/27/2013 5:02:26 PM
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RT @mtredden: And RBG only drinks whole milk goddammit RT @AdamSerwer Ginsburg: DOMA creates two kinds of marriage, "Full marriage" & ...by AdamSerwer via twitter 3/27/2013 5:03:46 PM
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READER QUESTION: Will Reuters be releasing the transcript of today's arguments, as well as the audio shortly? -
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READER QUESTION: What's the procedure now? Do we have to wait for the Justices' decision until June? Will we find out today? Some time in between?
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Roberts logic applied to 1967: Are you saying Virginia banned interracial marriage out of RACISM?!?!?!by AdamSerwer via twitter 3/27/2013 5:04:40 PM
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The TRUE victims in this whole DOMA thing are the lawmakers accused of banning fed recognition of same-sex marriage out of prejudice.by AdamSerwer via twitter 3/27/2013 5:06:12 PM
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We wait. Until June. Probably. (The probably means the court make it's own rules, but that is what's expected.)
As for the transcript, Anthony will put it and the audio on this page. -
READER COMMENT: My guess based on the reporting so far: the court says Administration can't have it both ways - not defending law as unconstitutional but continuing to abide by the law - so as to deprive the court of jurisdiction. There has to be a mechanism to enforce laws that Congress passes that the executive isn't enforcing; or at least to defend such laws from legal challenges. Congress has a legal interest in enforcement and defense of laws it passes. Hence they reach the merits and strike down the law. (Also, there are no other necessary parties who have not been joined in the litigation.)
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READER QUESTION: The $64000 question: do you think it likely the court will reach the merits or dismiss on Article III? Any guesses as to the odds on that question?
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READER COMMENT: Roberts might be deeply offended, but that hardly changes the fact of the matter. The rationalizations for DOMA by Congress should be part of the record. This is a factual matter and I imagine Ginsburg wouldn't simply make that up.
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