Tag Archives: California Proposition 8

Oh boy, this one is dead, dead, dead.

DOMA is so going down. CSpan has started broadcasting the audio from today’s arguments at SCOTUS on the challenge to DOMA, that most elegant construct of an insane Congress. They did the deed 13  17  years ago (and got ole Bill Clinton to sign it in an election year when he was already winding his presidency down and didn’t have to do it).

Back in November, your humble blogger predicted (in comments) that the Court would overturn DOMA, and as I listen to today’s audio, it sure sounds like they will do just that and with a healthy majority. We won’t know till May or June.

I haven’t had time yet to listen to yesterday’s arguments on Prop 8, but even if I had, after listening to and reading the observations of  the commentaries I wouldn’t dare predict except for one thing of which I am certain: the Court will not actually uphold Prop 8. There are many ways they can dodge or they can issue what they call a ‘narrow ruling’. They can even decide not to decide. 

I don’t know if they can do this in the Prop 8 case, but a happy outcome would be if they can say that every State must recognize marriages that are legal in other States. That would pretty much do it. I wonder if that’s similar to using the ‘Commerce clause’ as they did in Obamacare?

But in both cases I absolutely trust the Court will not issue any rulings that would actually restrict or deny rights. That’s not the business they’re in.

 (And, like with the ACA opinion, Roberts will buck the politics of the issue and vote to strike down DOMA.)