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View Diary: I rarely say this, but Maureen Dowd is a must-read! (179 comments)

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  •  policy gets raised within context of judging (2+ / 0-)

    especially as some decisions have huge policy impact, and that could for example make a difference between say, merely sustaining the overturning of Prop 8 and ruling more broadly, which is NOT necessary to reach a conclusion in this particular case

    "We didn't set out to save the world; we set out to wonder how other people are doing and to reflect on how our actions affect other people's hearts." - Pema Chodron

    by teacherken on Wed Mar 27, 2013 at 10:14:14 AM PDT

    [ Parent ]

    •  That's the safe way to handle this but what's... (0+ / 0-)

      on Kennedy's mind?
      Sounds like he wants a disruptive "sweeping" decision.
      Something that will reduce the disgrace of the Robert's court.
      Something that will resurrect his Legacy.

      It will be a 5-4 decision if it is sweeping.
      50/50 chance which way the broom will sweep but I don't think the dirt it's going under the rug or in the closet.

      •  I can see a 6-3 or even 7-2 (1+ / 0-)
        Recommended by:
        Notreadytobenice

        that leaves the current blocking of Prop 8 from Judge Walker in place without IN THIS CASE addressing the underlying issues

        how that would affect today's case I do not know.  I have not yet gotten anything other than brief reports.

        I figure Thomas is a lost cause, although if Scalia decided to join the majority, I can see Thomas also joining.  The only basis on which I see that happening is the fact that this was an attempt to take away rights that already existed in California.   There is something of a constitutional hostility to that, and since the impact of that would be limited to California's particular set of circumstances, a unanimous but narrow opinion is at least theoretically possible.

        "We didn't set out to save the world; we set out to wonder how other people are doing and to reflect on how our actions affect other people's hearts." - Pema Chodron

        by teacherken on Wed Mar 27, 2013 at 11:07:32 AM PDT

        [ Parent ]

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