Supreme Court Will Hear DOMA and Prop...

Supreme Court Will Hear DOMA and Prop 8 Challenges: An Analysis

There are 769 comments on the www.towleroad.com story from Dec 7, 2012, titled Supreme Court Will Hear DOMA and Prop 8 Challenges: An Analysis. In it, www.towleroad.com reports that:

The Supreme Court issued orders granting hearings in the Prop 8 case, Hollingsworth v. Perry , and one Defense of Marriage Act case , Windsor v. United States .

Join the discussion below, or Read more at www.towleroad.com.

straight shooter

Barre, VT

#772 Jan 24, 2013
Jane Dodo wrote:
<quoted text>
ahahahahah
ahahahahahah
ahahahahahahha
And black is white.
and you are dumb, we know...
type out more laughter you clod, it sure makes you look smart...

oops you missed putting icons on one thread, get going son...

what job did you have at GE?

“A JOURNEY OF A THOUSAND MILES”

Since: Aug 08

MUST BEGIN WITH A SINGLE STEP!

#773 Jan 24, 2013
straight shooter wrote:
<quoted text>
and you are dumb, we know...
type out more laughter you clod, it sure makes you look smart...
oops you missed putting icons on one thread, get going son...
what job did you have at GE?
Just out of curiosity how many cases have you argued in front of SCOTUS? How many law Professors and other lawyers do you think disagree with your analysis?

Some how your claims may come true, but they may not......either way, all you are doing is the same that we are doing......guessing and looking at what if's!!!

The first briefs are in.......soon more will follow.......we will all read those too......and then come the replies to those briefs and more after that.....then the oral arguments.......and then more speculations.....but in the end, only the opinions from the Justices will matter!!!

Like you have been told, the Windsor case was probably chosen because it guaranteed Kagan not to recuse herself!!!

Since: Jun 11

AOL

#774 Jan 24, 2013
straight shooter wrote:
<quoted text>
no, the critical reasoning is of the 9th circuit which overruled most of walker found. the scotus do not review walker's decision...
Walker's decision is overruled and dead.
the court could obviously read anything it wants, but they are reviewing the 9th's decision which is completely opposite of walkers...
No, it is not opposite of Walkers. Both found 8 unconstitutional.

All of the trial court and appellate court briefs, evidence, and findings are open to the Supreme Court. They can consider anything that has been presented and rule any way they choose. They are not restricted by the appellate court.
Jane Dodo

West New York, NJ

#775 Jan 24, 2013
straight shooter wrote:
<quoted text>
and you are dumb, we know...
type out more laughter you clod, it sure makes you look smart...
oops you missed putting icons on one thread, get going son...
what job did you have at GE?
My job was picking out fake lawyers from real ones. 25 yrs experience. And you positively REEK of fake.
Jane Dodo

West New York, NJ

#776 Jan 24, 2013
straight shooter wrote:
<quoted text>
I think you ignore the power of stare decisis. The judges need to respect the earlier decision lest their own judgments be short lived and not eternal like they would prefer to believe...
Oh yeah.... like all SCOTUS decisions are eternal......

Since: Mar 09

Location hidden

#777 Jan 24, 2013
Jane Dodo wrote:
<quoted text>Oh yeah.... like all SCOTUS decisions are eternal......
Not "eternal" ... just ossified and hidebound.

Since: Jun 11

AOL

#778 Jan 24, 2013
Here is some more case law they will be asked to consider:

Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 851 (1992):“These matters, involving the most intimate and personal choices a person may make in a lifetime, choices central to personal dignity and autonomy, are central to the liberty protected by the Fourteenth Amendment. At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.”

M.L.B. v. S.L.J., 519 U.S. 102, 116 (1996):“Choices about marriage, family life, and the upbringing of children are among associational rights this Court has ranked as ‘of basic importance in our society,’ rights sheltered by the Fourteenth Amendment against the State’s unwarranted usurpation, disregard, or disrespect.”

Lawrence v. Texas, 539 U.S. 558, 574 (2003):“[O]ur laws and tradition afford constitutional protection to personal decisions relating to marriage, procreation, contraception, family relationships, and education.… Persons in a homosexual relationship may seek autonomy for these purposes, just as heterosexual persons do.”

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#779 Jan 24, 2013
straight shooter wrote:
<quoted text>
I would caution you from jumping in between mona and I...
I have stooped to his level on that front...
I noticed.

But as you pointed out to me, don't you think such exchanges affects your credibility with others?

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#780 Jan 24, 2013
straight shooter wrote:
<quoted text>
I think you ignore the power of stare decisis. The judges need to respect the earlier decision lest their own judgments be short lived and not eternal like they would prefer to believe...
And I think you over estimate it.

I would say history is on my side, especially when it come to earlier decisions on contentious social issues where there has been a significant change in public opinion since the previous ruling.

I'm convinced there are at least 4 justices who WANT to overturn DOMA and Prop 8 and eventually find a right to marry for same-sex couples. If they can do that and not overturn previous precedents, they will. But if they can't do it without overturning a previous precedent, I don't think that's going to stop them. Obvioulsy they'll need to do it in way which ensures the 5th vote.

I know you hate the thought that justices would consider anything other than strict constitutional principles to decide a case, but that's just not a realistic view of SCOTUS justices- whether liberal or "conservative".
Jane Dodo

West New York, NJ

#781 Jan 24, 2013
snyper wrote:
<quoted text>
Not "eternal" ... just ossified and hidebound.
lol, true

Since: Dec 08

El Paso, TX

#782 Jan 24, 2013
You really aren't very knowledgeable about any of this are you. Walkers decision was never overturned.

Go do so etching you know about, maybe selecting your breakfast cereal.
straight shooter wrote:
<quoted text>
no, the critical reasoning is of the 9th circuit which overruled most of walker found. the scotus do not review walker's decision...
Walker's decision is overruled and dead.
the court could obviously read anything it wants, but they are reviewing the 9th's decision which is completely opposite of walkers...

Since: Dec 08

El Paso, TX

#783 Jan 24, 2013
G do something
straight shooter

Barre, VT

#784 Jan 25, 2013
Jane Dodo wrote:
<quoted text>My job was picking out fake lawyers from real ones. 25 yrs experience. And you positively REEK of fake.
yup, you suck at it..just as I figured...
straight shooter

Barre, VT

#785 Jan 25, 2013
WeTheSheeple wrote:
<quoted text>
I noticed.
But as you pointed out to me, don't you think such exchanges affects your credibility with others?
If you have been around for a while, I bet you can see that my interest in what these clowns think has significantly diminished...
straight shooter

Barre, VT

#786 Jan 25, 2013
TomInElPaso wrote:
You really aren't very knowledgeable about any of this are you. Walkers decision was never overturned.
My favorite part is when you call me names and say something stupid right after...which is nearly every post...

we are having a more deep conversation about it than you can obviously handle...

while overruled was not the correct word, I doubt you will understand what was being said...
and I don't care to explain it to the likes of you Tommy boy...
straight shooter

Barre, VT

#787 Jan 25, 2013
WeTheSheeple wrote:
<quoted text>

I know you hate the thought that justices would consider anything other than strict constitutional principles to decide a case, but that's just not a realistic view of SCOTUS justices- whether liberal or "conservative".
a fair point.

Since: Mar 09

Location hidden

#788 Jan 25, 2013
straight shooter wrote:
<quoted text>
a fair point.
Further, the SCOTUS is one of the three Branches of Government whose duties include the Redress of Grievances. They are not solely tasked with Constitutional Interpretation, but also application of those Principles in Cases of Equity and Remedy. All such Remedies do and must have the full force of Law.
straight shooter

Barre, VT

#789 Jan 25, 2013
snyper wrote:
<quoted text>
Further, the SCOTUS is one of the three Branches of Government whose duties include the Redress of Grievances. They are not solely tasked with Constitutional Interpretation, but also application of those Principles in Cases of Equity and Remedy. All such Remedies do and must have the full force of Law.
equity is only available when there is no legal remedy...

Since: Mar 09

Location hidden

#790 Jan 25, 2013
straight shooter wrote:
<quoted text>
equity is only available when there is no legal remedy...
Whoooooooo!(whistling)
straight shooter

Barre, VT

#791 Jan 25, 2013
snyper wrote:
<quoted text>
Whoooooooo!(whistling)
"EQUITY: AN OVERVIEW

In law, the term equity refers to a particular set of remedies and associated procedures. These equitable doctrines and procedures are distinguished from "legal" ones. Equitable relief is generally available only when a legal remedy is insufficient or inadequate in some way."

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