ABA Journal


U.S. Supreme Court

Supreme Court to Consider Gay-Marriage Cert Petitions Before Thanksgiving

Nov 9, 2012, 11:30 am CST


These DOMA cases are SCOTUS bound for sure. My question is, will they grant Cert in the California case that seeks to assert same-sex marriage as a fundamental constitutional right.

By Timothy P. Flynn on 2012 11 09, 12:28 pm CST

I think whether or not they grant Cert depends on whether the political conservatives on the court think they'll be retiring under Obama. If so, they will want to get bad law for equality out there before they leave. If not, they may try to hold on another four years and hope they can get a stronger majority that would value its own social judgments over the Fourteenth Amendment.

Or that's my thoughts on it, anyway.

By Another Andy on 2012 11 09, 3:35 pm CST

The only Conservative on the Court likely to retire, IMHO, is Kennedy.

By faddking on 2012 11 09, 3:47 pm CST

@1 I wouldn't say for sure - the author of Lawrence v. Texas is one of the five conservatives if you will all recall... I really doubt they'll take the chance.

By Mole Mountain on 2012 11 09, 6:12 pm CST

#4 - So no same-sex marriage cases in the near future? Somehow seems inevitable. May depend on whether the POTUS gets to make some appointments. But the good cases are coming up now.

By Timothy P. Flynn on 2012 11 10, 12:57 pm CST

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