Supreme Court Lacking Jurisdiction In DOMA Case?

Jan 25, 2013 Full story: lezgetreal.com 28
The United States Supreme Court may not have jurisdiction over the case of Edith Windsor and her challenge to the Defense of Marriage Act Full Story
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“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#21 Jan 26, 2013
Though we can't know which particular justices asked for this question of standing be addressed, I still think it was most likely the conservatives attempting to prevent a complete overturning of DOMA and just limiting it to the 2nd circuit for now.

For the record, I don't think they're going to be successful and DOMA will be overturned.

Since: Mar 09

Location hidden

#22 Jan 26, 2013
"Struck down"

“ reality, what a concept”

Since: Nov 07

this one

#23 Jan 28, 2013
snyper wrote:
You're suggesting that a case has no validity if there is no viable opponent? The opponent is DOMA itself. What am I not seeing.
It's early morning here and I don't have any caffeine here because coffee doesn't grow around here at all and our camellias aren't mature enough yet.
Under the theory that the BLAG has no standing to proceed with the appeal, the conflict against DOMA ended when the Administration accepted the rulings of the trial courts.

“ reality, what a concept”

Since: Nov 07

this one

#24 Jan 28, 2013
WeTheSheeple wrote:
Though we can't know which particular justices asked for this question of standing be addressed, I still think it was most likely the conservatives attempting to prevent a complete overturning of DOMA and just limiting it to the 2nd circuit for now.
For the record, I don't think they're going to be successful and DOMA will be overturned.
While technically a decision on the issue of standing would limit the repeal of DOMA to only the 2nd District, since the administration has also surrendered in all the other cases as well, they would be free to simply stop enforcing it everywhere. If Section 3 is left on the books, a future unfriendly Administration would be free to take up the appeals left in limbo by Obama, but if it's gone before then, there's nothing they could do but start over.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#25 Jan 29, 2013
Rick in Kansas wrote:
<quoted text>While technically a decision on the issue of standing would limit the repeal of DOMA to only the 2nd District, since the administration has also surrendered in all the other cases as well, they would be free to simply stop enforcing it everywhere. If Section 3 is left on the books, a future unfriendly Administration would be free to take up the appeals left in limbo by Obama, but if it's gone before then, there's nothing they could do but start over.
True, I just don't see it as the end of the world if the SCOTUS limits a DOMA ruling because of the standing issue. It still a step forward.

Just as Wyoming failed to advance their marriage bill out of committee on a 5-4 vote, but DID send a civil unions bill to the full House on a 7-2 vote.

Progress is progress.

“ reality, what a concept”

Since: Nov 07

this one

#26 Jan 29, 2013
WeTheSheeple wrote:
True, I just don't see it as the end of the world if the SCOTUS limits a DOMA ruling because of the standing issue. It still a step forward.
Just as Wyoming failed to advance their marriage bill out of committee on a 5-4 vote, but DID send a civil unions bill to the full House on a 7-2 vote.
Progress is progress.
I think they are chomping at the bit to lay the smack down on the BLAG for over stepping their role, why else bring the question up on its own?

I live in Kansas, I'm used to looking for the silver linings of events.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#27 Jan 29, 2013
Rick in Kansas wrote:
<quoted text>I think they are chomping at the bit to lay the smack down on the BLAG for over stepping their role, why else bring the question up on its own?
I live in Kansas, I'm used to looking for the silver linings of events.
As I said before, I think it's more likely an "out" brought up by the conservatives in an attempt to keep DOMA from being overturned outright.

Or maybe as a trade for Kennedy's vote to overturn Prop 8.

I'm used to looking for the conspiracy in events!

“ reality, what a concept”

Since: Nov 07

this one

#28 Jan 29, 2013
WeTheSheeple wrote:
<quoted text>
As I said before, I think it's more likely an "out" brought up by the conservatives in an attempt to keep DOMA from being overturned outright.
Or maybe as a trade for Kennedy's vote to overturn Prop 8.
I'm used to looking for the conspiracy in events!
I think we may be in for a bit of both, a ruling that DOMA is unconstitutional AND that the three member majority of the BLAG ought to know their role. The standing question was a bone tossed to those who might approve of DOMA, so they won't have to go down in history for an opinion trashing the rights of rights of an 84 year old widow for being gay. DOMA is dead either way, it's just a matter of which question can pull a majority.

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