Thats the right answer.... so two points for you... But you need to remember that narrowly writing an opinion like you observe to cater to a single justice (Kennedy wrote the Romer decision on which it rellys) is a dangerous way to go.<quoted text>
I'm not a lawyer......but the 9th wrote they're opinion with Justice Kennedy in mind. My guess is because they knew that if SCOTUS took the appeal.....the argument would be towards Kennedy being the swing vote.
As I have learned over the last 4 years......Judges will do their best to avoid intensely hot social issues like the right to marry for Gays and Lesbians......as they did before Loving came to them. The Justices also knew that by making their ruling narrowly confined to California, that they were doing 2 things.....one getting rid of Prop 8 and side stepping the larger question.
You are entitled to disagree with me all ya want....but there are lawyers who certainly disagree with you......and just because you state your an attorney......doesn't mean you are.......just saying that I can make bold claims as well.....it still won't matter to others.
They look like what your doing is what your doing...trying to avoid a direct appeal on the merits and still get rid of prop 8 all while avoiding the substantial question on the merits and confine the ruling just to California top avoid political backlash..
Its called gaming the system...its transparent & for the Justices to go along makes them look complicit in a strategey that is essentially waiting until they feel a better political climate in generated.
People resent being "shinned on" and openly manipulated like this..
And you need to remember it was Kennedy who said that "nothing in Lawrence justifies same-sex "marriage"...yet every court has used it that way...
The conservatives have a solid 4 & the Cheif Supreme Court Justice (who asigns who's going to write the opinion)-
All sorts of law proffesors dont accpect what people on this blog do... They believe the courts will role this case into the DOMA cases and give a more difinitive judgment than you might expect.
The 4 conservatives have enough power to do things like rule DOMA unconsitutional and ergo force a nationwide confrontation...
With all the gamesmanship on the left here to fore watch for the unexpected.... you run real risks when you guys took on such an aggresive strategy without the consent of SCOTUS, and then try and pull back at the last minute....peopel dont like to be seen as being openly manipulated like that...