Tag Archives: Supreme Court

Now What Happens with Same-Sex Marriage?

Every once in a while the Supreme Court does something that turns experts’ predictions completely upside down. It actually happened twice during the 2012 Obamacare case (first, when Justice Kennedy clearly indicated his intent to find Obamacare unconstitutional during oral … Continue reading

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How Same-Sex Marriage Overcomes the Originalism Argument

Because this is the era of LGBT constitutional rights, let’s talk about the arguments for and against finding a right to same-sex marriage in the 14th Amendment of the Constitution. We’ll kick things off with the originalism argument, which goes … Continue reading

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The LGBT Constitutional Rights Era

Supreme Court eras are often defined by a single issue. In the early 19th century, SCOTUS wrestled with the nature and balance of power of American government in cases like Marbury, McCulloch and Gibbons. In the 1850s, SCOTUS tried to … Continue reading

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The Supreme Court’s Michigan Affirmative Action Decision Boiled Down to a Coffee House Conversation

I hope everyone had a great MLK Day this year. I like to imagine that in lieu of going to work on MLK Day, people all over the country spend an hour or so at a coffee shop, bar or … Continue reading

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What is the Ideal Result in the Proposition 8 Case for LGBTQ Rights Supporters?

It is very likely that the Supreme Court will issue its decision in Hollingsworth v. Perry tomorrow morning between 10:00 and 10:30 a.m. EST. So, on the eve of “the decision”[1] here is my question: what is the ideal result … Continue reading

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What Will Kennedy Do?–Same-sex Marriage Prediction Part Two

The Supreme Court should issue its ruling in the same-sex marriage cases this week, and as I explained in my previous post, eight of the nine Supreme Court Justices will likely split 4-4 along ideological lines in Perry and Windsor. … Continue reading

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Will the Supreme Court Support Same-Sex Marriage?

It’s that time of year again! As frequent readers of this blog know, June is the month of heavy-hitting Supreme Court cases. The Court’s term ends at the end of June, and the Court rarely carries cases over from one … Continue reading

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Even a Conservative Reading of the Constitution Supports a Right to Same-Sex Marriage

One of the more compelling exchanges during the oral arguments on the same-sex marriage cases came between Justice Scalia and Theodore Olson, attorney for the opponents of Proposition 8. Here is the exchange: JUSTICE SCALIA:    I’m curious, when -­ … Continue reading

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Oral Argument Transcript in DOMA Case Released

Today’s oral argument transcript from United States v. Windsor, the case considering the constitutionality of the Defense of Marriage Act, can be found here. My readers’ guide to the same sex marriage cases is here. SCOTUSblog’s instant analysis of the oral … Continue reading

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Same Sex Marriage Oral Argument Transcript

The Supreme Court has released the transcript of the oral argument in Hollingsworth v. Perry, the case to decide the constitutionality of California’s Proposition 8. The transcript can be found here. For a readers’ guide, click here. For a quick analysis … Continue reading

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