SCOTUS to rule on prop 8 and DOMA on the morrow. Tune into scotusblog for the best coverage.

**Tyche** · 2013-06-25 18:15

http://www.scotusblog.com/

http://www.theatlanticwire.com/polit...-prop-8/66573/

Three months to the day after the justices heard historic arguments on California's Proposition 8 and the Defense of Marriage Act, and on the last of its decision days for an already historic Spring term, the Supreme Court will rule on the two same-sex marriages cases on Wednesday, Chief Justice John Roberts announced on the second-to-last day, minutes after issuing the majority opinion on the Voting Rights Act. Yes, after none of the first 73 decisions were the ones perhaps more people were waiting for than even the VRA or Monday's affirmative action ruling, the wait will finally be over — and June 26, 2013 officially becomes one of the most important dates in America's difficult history with civil rights, whether the tea leaves prove true with a chaotic split, or whether that history is instantly definitive.

The announcement came on Tuesday, after the Court issued what the NAACP called "a step backwards in the march towards equal rights." But the penultimate decision day has tended to be when Roberts, in his time as the chief, announces that the following day will indeed be the last, and with just three cases left on the docket, Prop. 8 and DOMA must be among the final boxes. As the always reliable SCOTUSblog reported:

**Apelila** · 2013-06-26 01:50

Oh god, I'm going to be awake until they announce this and then either drinking in celebration or until I kill my liver.

**ringthree** · 2013-06-26 08:07

I think today is going to be a lot more limited and boring than most people expect, sadly.

**Kuya** · 2013-06-26 08:45

Best bet is to be pessimistic so you don't get depressed later.

**ringthree** · 2013-06-26 09:05

Yep, limited to federalism grounds. Fucking pussies.

Edit 1: So, I am not a lawyer. Is "careful consideration" a new standard, or a level of scrutiny that already exists?

Edit 2: Fucking Roberts. Said there was no standing. Fucking huge pussy.

**Waraji** · 2013-06-26 09:06

So DOMA just ruled unconstitutional.

**Rhinox** · 2013-06-26 09:06

Glenn Beck tears

**Tyrath** · 2013-06-26 09:08

Aww snap. Go supreme court! For once.

**kuronosan** · 2013-06-26 09:10

Supreme Court upholds right of gay people to marry, allows corporations to vote with money.

DOES NOT COMPUTE

**ringthree** · 2013-06-26 09:10

Originally Posted by Tyrath

Aww snap. Go supreme court! For once.

Don't get too happy, it barely does anything except helping those in states where it is already legal. It's helpful, but it's a weak and pathetic cop-out for the most part.

Fucking Scalia is a total douchebag.

The Court's opinion both in explaining its jurisdiction and its decision "both spring from the same diseased root: an exalted notion of the role of this court in American democratic society."

Edit: Going to dismiss Prop 8 on standing. God these guys are totally fucking pathetic.

"Oh god, we don't want to decide anything, so we are going to run away and hide now!"

**Qeomash** · 2013-06-26 09:13

They haven't ruled on Prop 8 just yet.

**ringthree** · 2013-06-26 09:14

Originally Posted by Qeomash

They haven't ruled on Prop 8 just yet.

Language in DOMA decision has already indicated the decision in the Prop 8 case.

Page 4 of hte Roberts DOMA dissent, talking about Prop 8: "We hold today that we lack jurisdiction to consider it in the particular context of Hollingsworth v. Perry."

Apparently Scalia is going to be ranting about the injustice of all of this for a while. He is the most activist judge on the court by far and conservatives act like he is some bastion of constitutional stability.

**kuronosan** · 2013-06-26 09:17

What's wrong with them dismissing Prop 8, just out of curiosity?

**ringthree** · 2013-06-26 09:19

Originally Posted by kuronosan

What's wrong with them dismissing Prop 8, just out of curiosity?

It is a very limited ruling. They aren't deciding it on the merits, they are basically just passing on making a decision. They could have easily decided on the merits of the case. There is nothing that prevents them from doing so besides their own opinions. If they were going to do that to begin with they should have just not heard the case at all. Hearing the case THEN passing it back is a very weak move.

**Conrad** · 2013-06-26 09:21

Originally Posted by kuronosan

What's wrong with them dismissing Prop 8, just out of curiosity?

It's a win (Prop 8 is unconstitutional per the lower courts) but it doesn't advance anything or promote any discourse.

edit: never mind, they remanded it to the lower court (meaning the Ninth Circuit will be reviewing it again).

**ringthree** · 2013-06-26 09:25

What I want to know (and I think this will be the case), does this mean that if you live in Nebraska, then go to New York to get married, you should still get the federal benefits of being married even if you don't get the Nebraska benefits because they don't recognize the marriage?

**kuronosan** · 2013-06-26 09:29

I think that's how it reads. Good luck in Nebraska though.

**ringthree** · 2013-06-26 09:31

Umm, the Ninth Circuit decision in the Prop 8 case was actually vacated and remanded. I honestly don't know the what the previous decision to the Ninth Circuit was. Was it the CA Supreme Court? I think that means that Prop 8 is still struck down, but we will need to check on it.

Edit: The decision about this was all over the place because it was solely about standing and nothing about the merits.

**kuronosan** · 2013-06-26 09:33

The ninth circuit decision ruled that it was unconstitutional.

**Nesssie** · 2013-06-26 09:34

This is a win for accountants and lawyers.. I love complicated tax issues..

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