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Prop8ers appeal to the Supremes

Timothy Kincaid

July 31st, 2012

After the Ninth Circuit Court of Appeals repackaged the rejection of Proposition 8′s constitutionality so as to limit its impact to California, there was some possibility that the supporters of Proposition 8 would cut their losses and not appeal to the Supreme Court. However, yesterday they went the expected route and petitioned for a writ of certiorari (a request that the court hear the case).

The court will decide whether to hear the case, making that announcement probably in the first week of October. The possible results (in the order of my best guess) are:

  • the court hears the case and upholds the decision that Proposition 8 is unconstitutional based on the unique circumstances in California
  • the court refuses to hear the case and the decision stands, but only for California
  • the court hears the case and determines that the Ninth’s limitations do not hold and returns the case to the Ninth to decide if Prop 8 is unconstitutional on its merits rather than on the unique circumstances.
  • the court hears the case and invalidates all of the constitutional amendments which enshrined anti-gay discrimination. The court simultaneously establishes that anti-gay laws must meet a more strict level of scrutiny than most.
  • the court hears the case and reverses the Ninth Circuit’s decision and reinstates Proposition 8. This becomes known as one of the three or four most shameful decisions ever made by the Supreme Court.

Comments

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MattNYC
July 31st, 2012 | LINK

Timothy, you forgot the tendency for this court to ignore any concept of restraint. So after your last one should be,

The court hears the case, ignores all of the issues raised, and declares that all voter initiatives that reduce LGBT rights are A-OK and cannot ever be challenged again at SCROTUS.

customartist
August 1st, 2012 | LINK

While I am hopeful that it is NOT option # 4, I would not put it past the Conservative Judges given their recent performances:

Firstly, that of Supreme Court Justice John Roberts having recently broken ranks with his conservative colleagues on the Healthcare case (which I see as possible camoflage to feign un-biased posturing for the upcoming cases with DOMA)

and

Secondly, the recent (Dancing-with-the-Stars-like) popularity raising interview of Antonin Scalia with Piers Morgan. All show.

I pray that Right be done

gar
August 1st, 2012 | LINK

I actually vote they go with Option 2. Since the scope has been pretty much limited to CA, I don’t see any incentive for the Sup. Ct. to make a ruling either way. Of course, the nasties of the court might see it as an opportunity to be nasty. But I still think they’ll pass. They’ll have plenty of opportunity for nastiness when the DOMA rulings come their way.

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