Laws Not Fit to be Defended
The Supreme Court’s decision on Friday to take on two challenges to anti-gay marriage laws has attracted widespread attention. But equally remarkable is the fact that neither the federal government nor the state of California are even willing to stand behind those laws.
December 8, 2012
The Supreme Court & Race
What will they do for an encore? The often staid Supreme Court closed its 2011-2012 term in late June with a nail-biting final day decision on the Affordable Care Act. The opinion surprised almost everyone, including four of the Court’s five conservative justices, as Chief Justice John Roberts, for the first time ever in a 5-4 decision, joined the liberal wing of the Court to uphold the bulk of the Affordable Care Act. Three days earlier, the Court struck down most of Arizona’s anti-immigrant law, again surprising many observers and disappointing many conservatives.
September 27, 2012
Gambling With Gay Marriage
On February 7, the US Ninth Circuit Court of Appeals declared California’s Proposition 8, which bans gay marriage, unconstitutional. For many gay rights activists, however, the sounds of celebration have been decidedly muted. While time and momentum are undoubtedly on the side of recognizing gay marriage, there is still widespread hostility, with a majority of state constitutions now explicitly rejecting recognition of gay marriage. The next stop in the Proposition 8 case could well be the US Supreme Court, and there is no guarantee that the decision will be upheld there. A loss in the Supreme Court could set the gay rights movement back for decades.
February 9, 2012
How Will Gay Marriage Fare in the Supreme Court?
There are probably four votes to strike down Proposition 8—Justices Stephen Breyer, Ruth Ginsburg, Sonia Sotomayor, and Elena Kagan—but there are also almost certainly four votes to uphold it—Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas, and Samuel Alito. As is so often the case on controversial matters before the Supreme Court these days, everything turns on Justice Kennedy. Which way will he rule?
August 11, 2010