Prop 8′s Fate Now In SCOTUS’ Ha...

Prop 8′s Fate Now In SCOTUS’ Hands, Seems Certain To Go Down

There are 36 comments on the lezgetreal.com story from Mar 26, 2013, titled Prop 8′s Fate Now In SCOTUS’ Hands, Seems Certain To Go Down . In it, lezgetreal.com reports that:

Oral arguments have wrapped up, and it appears that Prop 8 is doomed, but the question now is, what will go down with it?

Join the discussion below, or Read more at lezgetreal.com.

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“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#1 Mar 26, 2013
When everyone is "certain", that's when I get nervous.....

“Marriage Equality”

Since: Dec 07

Lakeland, MI

#2 Mar 26, 2013
WeTheSheeple wrote:
When everyone is "certain", that's when I get nervous.....
Me, too. I remember when people were equally certain that Prop 8 wouldn't get voted in to begin with....

“A JOURNEY OF A THOUSAND MILES”

Since: Aug 08

MUST BEGIN WITH A SINGLE STEP!

#4 Mar 26, 2013
WeTheSheeple wrote:
When everyone is "certain", that's when I get nervous.....
I'm not sure where anyone could clearly see it going down or being upheld....but if Kennedy has anything to do with it......Prop 8 appeal could be dismissed and leave the 9th's ruling in effect!!!

“ WOOF ! ”

Since: Nov 12

Coolidge, AZ

#5 Mar 26, 2013
WeTheSheeple wrote:
When everyone is "certain", that's when I get nervous.....
I agree. I don't think that Prop. 8 will survive SCOTUS scrutiny, but the REAL question is how broadly or narrowly written their decision is.

Rememebr that it took 17 years to get Bowers v. Hardwicke reversed when they got that case FUNDAMENTALLY WRONG.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#6 Mar 26, 2013
Anything other than upholding Prop 8 outright is a clear loss for the anti-gays.

I expect them to start spinning their pending loss as a major victory somehow.

That should be fun to listen to.

“A JOURNEY OF A THOUSAND MILES”

Since: Aug 08

MUST BEGIN WITH A SINGLE STEP!

#7 Mar 26, 2013
WeTheSheeple wrote:
Anything other than upholding Prop 8 outright is a clear loss for the anti-gays.
I expect them to start spinning their pending loss as a major victory somehow.
That should be fun to listen to.
Just reading the transcripts is pretty funny!!!

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#8 Mar 26, 2013
Of note- it's absolute crickets from the GOPasaur channel (i.e. Fox News). Watching them you'd never even know the SCOTUS was hearing these cases.

The cone of silence continues......

“ WOOF ! ”

Since: Nov 12

Coolidge, AZ

#9 Mar 26, 2013
NorCal Native wrote:
<quoted text>
Just reading the transcripts is pretty funny!!!
What transcripts are you reading ?

“Post-religious”

Since: Apr 08

Location hidden

#10 Mar 26, 2013
I would have much preferred hearing David Boies make the argument than Ted Olson. Olson's more combative nature didn't serve him well, and Boies' ability to keep calm and hit the critical points tailored to the justices would have made for a better prohibition.

“ WOOF ! ”

Since: Nov 12

Coolidge, AZ

#11 Mar 26, 2013
Jerald wrote:
I would have much preferred hearing David Boies make the argument than Ted Olson. Olson's more combative nature didn't serve him well, and Boies' ability to keep calm and hit the critical points tailored to the justices would have made for a better prohibition.
But the fact that a well-known conservative is making the argument shows that this is NOT a liberal vs. conservative argument, but rather is an argument about JUSTICE vs. INJUSTICE.

“Post-religious”

Since: Apr 08

Location hidden

#12 Mar 26, 2013
Fa-Foxy wrote:
<quoted text>
But the fact that a well-known conservative is making the argument shows that this is NOT a liberal vs. conservative argument, but rather is an argument about JUSTICE vs. INJUSTICE.
The well-known conservative got caught up in a losing and meaningless colloquy with Scalia and Scalito.

I would hope that the well-known conservatives on the court wouldn't be impressed simply by the fact that Olson was standing in front of them, but would be impressed by what he said. Boies would have been a much better advocate.

But perhaps you're right; Scalia, Scalito, and Thomas aren't really impressed by evidence, facts and argument but by their own ideology.

“Post-religious”

Since: Apr 08

Location hidden

#13 Mar 26, 2013
Jerald wrote:
I would have much preferred hearing David Boies make the argument than Ted Olson. Olson's more combative nature didn't serve him well, and Boies' ability to keep calm and hit the critical points tailored to the justices would have made for a better prohibition.
"prohibition" should read "presentation".

“ WOOF ! ”

Since: Nov 12

Coolidge, AZ

#14 Mar 26, 2013
Jerald wrote:
<quoted text>
The well-known conservative got caught up in a losing and meaningless colloquy with Scalia and Scalito.
I would hope that the well-known conservatives on the court wouldn't be impressed simply by the fact that Olson was standing in front of them, but would be impressed by what he said. Boies would have been a much better advocate.
But perhaps you're right; Scalia, Scalito, and Thomas aren't really impressed by evidence, facts and argument but by their own ideology.
You seem to not now anything about SCOTUS. EVIDENCE is not presented to SCOTUS. The evidence is admitted at the trial court. The LAW is what is argued in courts of appeal (state and federal) and before SCOTUS.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#15 Mar 26, 2013
Yep, sounds like the most likely result will be to dismiss the case.

“ WOOF ! ”

Since: Nov 12

Coolidge, AZ

#16 Mar 26, 2013
WeTheSheeple wrote:
Yep, sounds like the most likely result will be to dismiss the case.
From what Jeffrey Toobin has reported today, I agree. I think SCOTUS will dismiss teh case on teh standing issue alone.

“A JOURNEY OF A THOUSAND MILES”

Since: Aug 08

MUST BEGIN WITH A SINGLE STEP!

#17 Mar 26, 2013
Fa-Foxy wrote:
<quoted text>
What transcripts are you reading ?
You can read it here:
http://sblog.s3.amazonaws.com/wp-content/uplo...

“A JOURNEY OF A THOUSAND MILES”

Since: Aug 08

MUST BEGIN WITH A SINGLE STEP!

#18 Mar 26, 2013
Jerald wrote:
I would have much preferred hearing David Boies make the argument than Ted Olson. Olson's more combative nature didn't serve him well, and Boies' ability to keep calm and hit the critical points tailored to the justices would have made for a better prohibition.
And I would have preferred Justice Scalia to recuse himself, but that didn't happen either!!!

I thought Justice Scalia's actions were horrible and let everyone know exactly where he stood, which is prejudicial......however, from reading the transcripts so far, it is likely that Justice Kennedy will vote to simply dismiss the appeal and Justice Sotomayor looks to possibly favor that idea!!

“ WOOF ! ”

Since: Nov 12

Coolidge, AZ

#19 Mar 26, 2013
NorCal Native wrote:
<quoted text>
You can read it here:
http://sblog.s3.amazonaws.com/wp-content/uplo...
Thank you.

:)

“ WOOF ! ”

Since: Nov 12

Coolidge, AZ

#21 Mar 26, 2013
Perhaps teh best outcome is a unanimous decision that the Pro-Prop 8 people don't have standing, and thus teh case should never have been before them in teh first place.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#22 Mar 26, 2013
Fa-Foxy wrote:
Perhaps teh best outcome is a unanimous decision that the Pro-Prop 8 people don't have standing, and thus teh case should never have been before them in teh first place.
Actually the easiest thing is to just vote the case should be dismissed without even touching the standing issue.

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