Court could avoid ruling on gay-marri...

Court could avoid ruling on gay-marriage ban

There are 63 comments on the Journal Gazette story from Mar 26, 2013, titled Court could avoid ruling on gay-marriage ban. In it, Journal Gazette reports that:

From left, attorney David Boies, plaintiffs Sandy Stier, with partner Kris Perry, Jeff Zarillo, with partner Paul Katami, and their attorney, Theodore Olson, leave the U.S. Supreme Court in Washington on Tuesday.

Join the discussion below, or Read more at Journal Gazette.

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“ WOOF ! ”

Since: Nov 12

Coolidge, AZ

#1 Mar 26, 2013
Just reading Jeffrey Toobin's report on CNN regarding teh SCOTUS justices' questions regarding the Prop. 8 case and they seem to be VERY concerned about the standing issue. So I think it is very possible, and even most probable, that they will decide teh case on the standing issue alone, and rule that the pro-Prop. 8 supporters simply don't have standing in the case.

And that may well be the correct decision.
Boies and Olson Lost

Chicago, IL

#2 Mar 26, 2013
Don't kid yourself. The Supreme Court has plenary power.

If they do that, and it's your best case scenario, you get 1 state, when Boies and Olson sold you a bill of goods for 50 states.

You lost, kid.

“ WOOF ! ”

Since: Nov 12

Coolidge, AZ

#3 Mar 26, 2013
IF teh SCOTUS justices DO decide that pro-Prop 8 people have no standing in the case, does anyone know when the court would announce that ?

Would it be soon or not ?

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#4 Mar 26, 2013
Boies and Olson Lost wrote:
Don't kid yourself. The Supreme Court has plenary power.
If they do that, and it's your best case scenario, you get 1 state, when Boies and Olson sold you a bill of goods for 50 states.
You lost, kid.
1 state is all that was ever at stake.

No one honsestly thought the court was going to strike down all the remaining bans.

Spin it however you want, but Prop 8 being overturned is a win for our side and a loss for the anti-gays.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#5 Mar 26, 2013
Fa-Foxy wrote:
IF teh SCOTUS justices DO decide that pro-Prop 8 people have no standing in the case, does anyone know when the court would announce that ?
Would it be soon or not ?
Overturning Prop 8 on the standing issue would still involve writing an opinion, so we likely won't know that for weeks or more likely months.

Dismissing the case outright could be announced shortly after their initial vote on Friday.

But I really expect they will wait and issue both rulings (Prop 8 & DOMA) at once, which means late June.
Francisco dAnconia

Barre, VT

#6 Mar 26, 2013
WeTheSheeple wrote:
<quoted text>
Overturning Prop 8 on the standing issue would still involve writing an opinion, so we likely won't know that for weeks or more likely months.
Dismissing the case outright could be announced shortly after their initial vote on Friday.
But I really expect they will wait and issue both rulings (Prop 8 & DOMA) at once, which means late June.
what do any of these outcomes say about your right to gay marriage?

that it doesn't exist?

40 states, that shouldn't take long...
Scalia Forever

Chicago, IL

#7 Mar 26, 2013
WeTheSheeple wrote:
<quoted text>
1 state is all that was ever at stake.
No one honsestly thought the court was going to strike down all the remaining bans.
Spin it however you want, but Prop 8 being overturned is a win for our side and a loss for the anti-gays.
Quit kidding yourself, kid.

Boies and Olson from Day 1 promised you 50 states.

The Kennedy strategy--remember.

You just lost at the Supreme Court, perhaps as badly as in Baker v. Nelson.

You should really read about the Supreme Court bar--they exploit emotional wrecks with money like you fellows.

“ WOOF ! ”

Since: Nov 12

Coolidge, AZ

#8 Mar 26, 2013
WeTheSheeple wrote:
<quoted text>
Overturning Prop 8 on the standing issue would still involve writing an opinion, so we likely won't know that for weeks or more likely months.
Dismissing the case outright could be announced shortly after their initial vote on Friday.
But I really expect they will wait and issue both rulings (Prop 8 & DOMA) at once, which means late June.
I would rather that SCOTUS affirm the ruling of the 9th Circuit Court Of Appeals, but after reading Jeffrey Toobin's reporting on the case, along with the transcrip,( a link of which was helpfully provided by someone here on Topix), that seems unlikely, as it really looks like they are going to rule that the pro-Prop 8 people have no standing.

But that ruling would not be entirely bad, as we could bring another similar case before SCOTUS without waiting an inordiantely lengthy amount of time, as we had to do in between the Bowers and Lawrence case.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#9 Mar 26, 2013
Francisco dAnconia wrote:
<quoted text>
what do any of these outcomes say about your right to gay marriage?
that it doesn't exist?
40 states, that shouldn't take long...
It says the SCOTUS the 5th justice on the SCOTUS isn't ready to affirm that right to marry just yet.

No, 40 states won't take that long all things considered.

I have no problem waiting.

You're just pissed because I AM willing to wait if necessary instead of taking your consolation civil unions prize!

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#10 Mar 26, 2013
Scalia Forever wrote:
<quoted text>
Quit kidding yourself, kid.
Boies and Olson from Day 1 promised you 50 states.
The Kennedy strategy--remember.
You just lost at the Supreme Court, perhaps as badly as in Baker v. Nelson.
You should really read about the Supreme Court bar--they exploit emotional wrecks with money like you fellows.
I couldn't care less what Olson & Boies promised.

Only a total moron thought this SCOTUS was ready to make such a sweeping ruling.

This case has ALWAYS been about getting California back.
Tea Bag Residue Cleanup

Levittown, PA

#11 Mar 26, 2013
WeTheSheeple wrote:
<quoted text>
I couldn't care less what Olson & Boies promised.
Only a total moron thought this SCOTUS was ready to make such a sweeping ruling.
This case has ALWAYS been about getting California back.
Actually Boies and Olson have said they were going for marriage equality nationally. A couple of years ago Olson, I believe it was, said, "I can count." That's how confident he was.

In fact, given the times they took up the case in, they were wildly over reaching. That's why their effort was controversial among more astute legal observers working for glbt rights.(I remember your hilarious time lines for this case being heard.)

The DOMA case now being heard was always better grounded.

To the ignorant bigots: Questions asked are not good indicators of a decision. And the questions we are discussing in this thread do not bear on the DOMA case at all.

Any procedural or narrow decision regarding Prop 8 is an undeniable win for marriage equality, unless the homophobes have gotten so stupid that marriage equality in CA is of no consequence. Millions of dollars from the RCC and the Mormon cult alike thing say marriage equality in CA is of utmost importance....

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#12 Mar 26, 2013
Tea Bag Residue Cleanup wrote:
<quoted text>
Actually Boies and Olson have said they were going for marriage equality nationally. A couple of years ago Olson, I believe it was, said, "I can count." That's how confident he was.
In fact, given the times they took up the case in, they were wildly over reaching. That's why their effort was controversial among more astute legal observers working for glbt rights.(I remember your hilarious time lines for this case being heard.)
The DOMA case now being heard was always better grounded.
To the ignorant bigots: Questions asked are not good indicators of a decision. And the questions we are discussing in this thread do not bear on the DOMA case at all.
Any procedural or narrow decision regarding Prop 8 is an undeniable win for marriage equality, unless the homophobes have gotten so stupid that marriage equality in CA is of no consequence. Millions of dollars from the RCC and the Mormon cult alike thing say marriage equality in CA is of utmost importance....
Agreed. And if I remember correctly, my timeline for this case was pretty much spot on.

Since: Mar 07

Location hidden

#13 Mar 26, 2013
Boies and Olson Lost wrote:
Don't kid yourself. The Supreme Court has plenary power.
If they do that, and it's your best case scenario, you get 1 state, when Boies and Olson sold you a bill of goods for 50 states.
You lost, kid.
Who thought this case would do anything other than kill prop 8 in CA? If that is the case, then it's a HUGE win. Nice if it does more, but that was never likely.

Couple that with ANY section of DOMA going down, and the win is even more beautiful.

Since: Mar 07

Location hidden

#14 Mar 26, 2013
Scalia Forever wrote:
<quoted text>
Quit kidding yourself, kid.
Boies and Olson from Day 1 promised you 50 states.
The Kennedy strategy--remember.
You just lost at the Supreme Court, perhaps as badly as in Baker v. Nelson.
You should really read about the Supreme Court bar--they exploit emotional wrecks with money like you fellows.
No one promised 50 states. Sorry.

But it's interesting that you alone can see into the minds of all of the Justices.

How do you DO than?

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#15 Mar 26, 2013
Francisco dAnconia wrote:
<quoted text>
what do any of these outcomes say about your right to gay marriage?
that it doesn't exist?
40 states, that shouldn't take long...
40 states?

Let's see, we'll get Illinois, Rhode Island, Delaware, New Jersey, Hawaii, & Minnesota this year or next.

That takes us to 16 states.

Oregon, Michigan, Colorado, Ohio, & New Mexico by 2016.

That's 21 states total.

Nevada in 2017.

That's 22 states total.

The remaining 28 states will likely have to be forced by the SCOTUS to overturn their bans sometime around 2020; depending on whether we've flipped the court to a liberal majority by then.
Francisco dAnconia

Barre, VT

#16 Mar 27, 2013
WeTheSheeple wrote:
<quoted text>
It says the SCOTUS the 5th justice on the SCOTUS isn't ready to affirm that right to marry just yet.
No, 40 states won't take that long all things considered.
I have no problem waiting.
You're just pissed because I AM willing to wait if necessary instead of taking your consolation civil unions prize!
and you just whine because i wanted you to have to get the vote, and you will...
Francisco dAnconia

Barre, VT

#17 Mar 27, 2013
WeTheSheeple wrote:
<quoted text>

The remaining 28 states will likely have to be forced by the SCOTUS to overturn their bans sometime around 2020; depending on whether we've flipped the court to a liberal majority by then.
You are even overly optimistic with 2020...
the rule will be that the states have power over marriage, there will be NO WAY for you to undue that in federal court...

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#18 Mar 27, 2013
Francisco dAnconia wrote:
<quoted text>
and you just whine because i wanted you to have to get the vote, and you will...
Yes, we'll get the 5th SCOTUS vote soon enough.......

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#19 Mar 27, 2013
Francisco dAnconia wrote:
<quoted text>
You are even overly optimistic with 2020...
the rule will be that the states have power over marriage, there will be NO WAY for you to undue that in federal court...
The next SCOTUS can change whatever "rules" you think this one is going to impose.

We know we have 4 votes already; all we need is the 5th vote.

Kennedy & Scalia will both be 83 by 2020; statistically unlikely both will still be on the court by then. But if they are, then we wait......
Francisco dAnconia

Barre, VT

#20 Mar 27, 2013
WeTheSheeple wrote:
<quoted text>
Yes, we'll get the 5th SCOTUS vote soon enough.......
good, but your ability to seek federal review on this issue will be gone...
this will be your DOMA win...
overenthusiastic optimism has its price...you'll see...

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