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  •  On merits I think you're correct (3+ / 0-)
    Recommended by:
    sidnora, jpmassar, jayden

    but the Harvard Law Professor tasked with addressing standing submitted a brief saying the Supreme Court had no jurisdiction to hear the case, because no one, not the House and not the DOJ, had standing to defend DOMA.

    If the SC agrees with her opinion, they may not rule on the merits of the law this year or anytime soon. No one seems to know what that will mean for the future of DOMA, and we likely won't know until we read what the SC has to say.

    I can't tell you how much that will suck for LGBT Americans if they are robbed of their day in court after all these years because of an arcane and picayune process technicality. It maybe put the whole fight back to filing new lawsuits or trying to move legislative repeal (good luck under Speaker Boehner's watch).

    "The marriage fight is over when we say it's over, and it's over when we win."
    —Dan Savage

    by Scott Wooledge on Sat Jan 26, 2013 at 12:02:26 PM PST

    [ Parent ]

    •  Any chance (2+ / 0-)
      Recommended by:
      Scott Wooledge, jpmassar

      that DOMA would be nullified if they overturn Prop. 8?

      "The only thing we have to fear is fear itself."........ "The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little." (yeah, same guy.)

      by sidnora on Sat Jan 26, 2013 at 12:33:53 PM PST

      [ Parent ]

      •  Anything can happen. (3+ / 0-)
        Recommended by:
        sidnora, jpmassar, jayden

        Olsen and Boise have been arguing in the Prop 8 case all along that marriage is a fundamental human right endowed to all American citizens, and denying it to LGBT people is egregiously unconstitutional along the same lines as Loving v. Virginia.

        If 5 of the 9 agree in total with O & B, then it would probably sweep DOMA out the door too.

        But, there's a vast area of middle ground between O & B's position and Prop 8 being upheld, and a lot of ways for the Nine to split the baby to resolve the case. Most people think they'll land there somehow.

        Also, Prop 8 suffers from some of the same standing questions that might trip up DOMA on the way to the court. They might decide it never should have proceeded to Federal appeal or the SC. Most experts think Walker's District Court ruling will hold regardless, probably leaving Prop 8 in the trash can of history and returning marriage equality to California.

        We'll see.

        "The marriage fight is over when we say it's over, and it's over when we win."
        —Dan Savage

        by Scott Wooledge on Sat Jan 26, 2013 at 12:46:10 PM PST

        [ Parent ]

        •  Thanks, I knew I'd get (3+ / 0-)
          Recommended by:
          Scott Wooledge, jpmassar, jayden

          a well-informed reply from you. I wasn't aware that there are standing issues in the Prop. 8 case as well. I hope "most experts" are right this time!

          "The only thing we have to fear is fear itself."........ "The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little." (yeah, same guy.)

          by sidnora on Sat Jan 26, 2013 at 12:54:58 PM PST

          [ Parent ]

          •  It would sort of be a half-victory (4+ / 0-)

            if Prop 8 fell just for want of tanding. There'd be no legal precedent set by a District ruling and nothing for the LGBT legal community to build up. Walker's awesome opinion would be mooted legally except for Cali.

            But it beats losing.

            And there are concerns the District opinion would only apply to the actual named plaintiffs in the case (Perry, et al), not the entire LGBT community of California. Which would be a pretty awful chaotic mess, if the SCOTUS left it at that, and provided no guidance to Gov. Jerry Brown and AG Kamila Harris on what to do with Walker's ruling. (In the opinion, the SCOTUS might clarify what Walker's ruling means, or they might not, which could lead to a whole 'nother can of legal worms for California to sort out via the Gov/AG/courts.)

            A Supreme Court finding that DOMA defense has no standing to proceed would probably be pretty horrible setback of a few years though, creating a lot of chaos with the District level strike downs in 1st, 2nd and 9th circuits.

            What to do with a law that no one likes, no one will defend, no one is explicitly empowered to stop enforcing and no one is able to repeal? Ugh. Only in America.

            "The marriage fight is over when we say it's over, and it's over when we win."
            —Dan Savage

            by Scott Wooledge on Sat Jan 26, 2013 at 01:38:21 PM PST

            [ Parent ]

      •  The Ninth Circuit Appeals court (3+ / 0-)
        Recommended by:
        jpmassar, jayden, northcountry21st

        already split the baby, finding Prop 8 unconstitutional, but other state bans on gay marriage in the Ninth Circuit—like Alaska's and Arizona's—ARE presumably still in compiance with the constitution.

        Not that that passes the common sense smell test, but that's why lawyers get paid the big bucks, and why so many people hate them. And maybe the SCOTUS will agree with that.

        "The marriage fight is over when we say it's over, and it's over when we win."
        —Dan Savage

        by Scott Wooledge on Sat Jan 26, 2013 at 12:52:40 PM PST

        [ Parent ]

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