Students of Windsor and Hollingsworth have always recognized a basic tension between the theories of gay-rights advocates in the cases.
Source: Angry Bear
Tag Archives: Scotusblog
Looks like DOMA will be stricken
Final update: #scotus 80% likely to strike down #doma. J Kennedy suggests it violates states’ rights; 4 other Justices see as gay rights.
–Tom Goldstein of SCOTUSblog, on Twitter
And:
“The question is whether or not the federal government under a federalism system has the authority to regulate marriage,” Justice Kennedy said during oral arguments. At another point, he disagreed with the lawyer’s contention that the law simply creates a single definition for federal purposes. “It’s not really uniformity,” the justice said, because same-sex couples would not have access to federal benefits that traditional couples have.
Justice Kennedy’s point echoed one made by his more liberal colleagues.
Justice Ruth Bader Ginsburg said the federal law effectively created a two-tiered system of marriage. “There are two kinds of marriage,” she said. “Full marriage and the skim-milk marriage.”
– 5 Justices Seem Skeptical of Ban on Benefits to Gay Spouses, Adam Liptak and Peter Baker, New York Times
From what Liptak and Baker write, it sounds like Kennedy may vote to strike down DOMA as unconstitutional on equal protection grounds as well as on states-rights grounds, not just on the latter ground.
Source: Angry Bear
Tom Goldstein of SCOTUSblog tweets, during the short break after the first hour of argument in the California Prop 8 case, that …
Breaking: 1st update- #prop8 unlikely to be upheld; either struck down or #scotus won’t decide case. More in 30 mins.
This is the more important of the two gay-marriage cases.
Source: Angry Bear
Tom Goldstein of SCOTUSblog tweets, during the short break after the first hour of argument in the California Prop 8 case, that …
Breaking: 1st update- #prop8 unlikely to be upheld; either struck down or #scotus won’t decide case. More in 30 mins.
This is the more important of the two gay-marriage cases.
Source: Angry Bear
Tom Goldstein of SCOTUSblog tweets, during the short break after the first hour of argument in the California Prop 8 case, that …
Breaking: 1st update- #prop8 unlikely to be upheld; either struck down or #scotus won’t decide case. More in 30 mins.
This is the more important of the two gay-marriage cases.
Source: Angry Bear
Scotusblog’s Wednesday roundup links Angry Bear
Another recognition for Angry Bear contributors comes in the form of Scotusblog Wednesday roundup:
You may have heard of Scotusblog because of the coverage of Supreme Court’s decision on court challenges to parts of Obamacare. Beverly Mann, having begun to write for Angry Bear as an added subject which I believed to be an increasingly important impact on policy decisions, again makes it to recommended links to read.
Wed roundup at Scotusblog.
Jess Bravin of the Wall Street Journal reviews the latest book by Justice Antonin Scalia and Bryan Garner. Coinciding with the book’s release, Justice Scalia recently sat for interviews with CNN (which Beverly Mann discusses at the blog Angry Bear) and NPR’s Nina Totenberg.
Source: Angry Bear
The difference between Social Security/Medicare and Medicaid under the Spending Clause, in light of the ACA opinion
While
the Court’s upholding the mandate is deservedly taking front stage in the media
coverage, the Court’s decision to strike down a part of the Medicaid expansion
may ultimately have broader jurisdprudential consequence.
Source: Angry Bear
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