DOMA Ruled Unconstitutional Yet Again

[Fiyero]

Originally Posted by whogo

Who is the fifth vote on the USSC?

Kennedy is the swing vote and he usually sides with the liberals on cases like this. But I agree with hammer. Doubt this will be a tight split.

[Fiyero]

Originally Posted by Sco

It should be unanimous unless conservatives like Scalia let politics and religion override jurisprudence.

Which I won't put past Scalia. He needs to retire.

[Mictlantecuhtli]

From SCOTUSblog:

Gay marriages cases re-set for Nov. 30 : SCOTUSblog

The Supreme Court will consider all ten of the same-sex marriage petitions at its private Conference on November 30, instead of at the next session on November 20, according to the Court’s electronic docket. Eight of the filings deal with the constitutionality of the 1996 federal Defense of Marriage Act, limiting marriage for all federal purposes to a union of a man and a woman. One petition deals with the validity of an Arizona law, similar to DOMA, that limits benefits for married state employees. And the tenth is an attempt to revive California’s “Proposition 8,” imposing a statewide ban on marriage for gays and lesbians. All of the laws at issue had been struck down in lower courts.

[TigerLily24]

Originally Posted by hammertime33

I don't think it'll be a 5-4 decision.

I'm thinking it will be 6-3. Thomas, Alito and Scalia will vote against.

[Mictlantecuhtli]

Originally Posted by TigerLily24

I'm thinking it will be 6-3. Thomas, Alito and Scalia will vote against.

It would not surprise me at all to find the Chief Justice not wanting to get caught on the wrong side of history on this one. And I wouldn't be surprised to find Thomas on the majority, not because he cares about history, but of the 'states rights' Justices, he's the one who actually walks the walk more than the others.