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Faygo Kid

(21,478 posts)
Mon Apr 27, 2015, 12:11 PM Apr 2015

As arguments near, Justice Ginsburg has already made up her mind on gay marriage

Source: Yahoo News

Ruth Bader Ginsburg, the 82-year-old leader of the Supreme Court’s minority liberal wing, has cast aside her usual restraint in the past months and left little doubt where she stands on the upcoming gay marriage case.

The Supreme Court hears arguments in the case, Obergefell v. Hodges, on Tuesday, and will most likely announce in June whether states will still be allowed to ban same-sex marriage and refuse to recognize the rights of couples married in other states.

Ginsburg, a former civil rights lawyer, has been uncharacteristically outspoken in advance of one of the most significant civil rights decisions in decades. In August, she became the first Supreme Court justice to officiate at a same-sex wedding. Since then, she’s highlighted the big shift in public opinion on gay marriage in interviews and public speeches, breaking from her usual reticence when it comes to talking about upcoming cases. In February, Ginsburg told Bloomberg that it “would not take a large adjustment” for Americans to accept nationwide marriage equality, given the “enormous” change in people’s attitudes about same-sex marriage. New York Times columnist Gail Collins wrote in January that Ginsburg has a “strong hunch” about the way the case will turn out. “I would be very surprised if the Supreme Court retreats from what it has said about same-sex unions,” Ginsburg told Collins, referencing the 2012 decision that found the federal government must recognize same-sex marriages. . .

Read more: https://www.yahoo.com/politics/as-arguments-near-justice-ginsburg-has-already-117280631046.html



Love her.

19 replies = new reply since forum marked as read
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As arguments near, Justice Ginsburg has already made up her mind on gay marriage (Original Post) Faygo Kid Apr 2015 OP
The door has been opened too wide and now too long... SoapBox Apr 2015 #1
Scalia will try. Not sure about Thomas. Alito will probably help Scalia. AtheistCrusader Apr 2015 #2
It is going to be a 6-3 decision hifiguy Apr 2015 #5
Good analysis. As an attorney for 30 years, I agree. Faygo Kid Apr 2015 #6
I could see a 7-2, with Thomas in the majority on this one. AtheistCrusader Apr 2015 #7
I want to see NOM, have an absolute breakdown. SoapBox Apr 2015 #8
Nope SwankyXomb Apr 2015 #14
i honestly believe you are right. hifiguy Apr 2015 #15
Businesses want certainty and sameness dbackjon Apr 2015 #9
Best justice realFedUp Apr 2015 #3
Ginsburg is one of the few people LuvNewcastle Apr 2015 #4
So true, great lady and jurist- appalachiablue Apr 2015 #17
No surprises! Behind the Aegis Apr 2015 #10
Justice Ginsburg is a national treasure. hifiguy Apr 2015 #11
And may we have a Democratic President to make the selections, or god help us all. n/t libdem4life Apr 2015 #12
is all about Kennedy borondongo Apr 2015 #13
Kennedy wrote the opinion striking down the so-called sodomy laws hifiguy Apr 2015 #16
They have all made up their minds. former9thward Apr 2015 #18
why not? Skittles Apr 2015 #19

SoapBox

(18,791 posts)
1. The door has been opened too wide and now too long...
Mon Apr 27, 2015, 12:16 PM
Apr 2015

I hope she's correct.

Could the Creeps really try to limit marriage and then allow marriages to only be recognized here and there? It would be an absolute train wreck.

AtheistCrusader

(33,982 posts)
2. Scalia will try. Not sure about Thomas. Alito will probably help Scalia.
Mon Apr 27, 2015, 12:42 PM
Apr 2015

Roberts probably won't go there. He's too political.

 

hifiguy

(33,688 posts)
5. It is going to be a 6-3 decision
Mon Apr 27, 2015, 01:10 PM
Apr 2015

and I have been saying that for a while.

Roberts and Kennedy will be in the majority. Roberts is a chief justice and they worry about their legacies. Roberts will not want to be seen as being on the wrong side of history; the SCOTUS isn't leading on this, it's just acknowledging historical inevitability. Also, it's not an issue where corporate/elite power or money is at stake. The billionaire class doesn't care about this issue much, and to the extent they do, they think it's good business.

Kennedy has been very receptive to gay rights arguments for a while now and I don't see him changing course.

And no judge in his or her right mind wants to take on Judge Posner's scorched-earth demolition of the Wisconsin and Indiana anti-equality statutes. Posner left no justification standing, burned the village and limed the earth. Judges very seldom write opinions that say, albeit in a carefully crafted way, "your position is so breathtakingly stupid and indefensible that we can't believe you actually made arguments this moronic before this court" and that is what the Seventh Circuit did. And that opinion is going to be cited/quoted twice a page in the pro-equality briefs. Posner wrote that opinion for a reason - to be cited in front of the Supreme Court. It is a virtual amicus brief with great judicial weight behind it.

Fat Tony, Soapy Sam and Uncle Ruckus will dissent in furious opinions that will be equal parts frighteningly fascistic and comedy gold.

Faygo Kid

(21,478 posts)
6. Good analysis. As an attorney for 30 years, I agree.
Mon Apr 27, 2015, 01:24 PM
Apr 2015

Retired, but won the book award as best student in Constitutional Law way back in the day, and your analysis is spot on. Can't wait to read Scalia's blistering dissent. Will be breathtakingly bad.

AtheistCrusader

(33,982 posts)
7. I could see a 7-2, with Thomas in the majority on this one.
Mon Apr 27, 2015, 01:27 PM
Apr 2015

He broke ranks on another issue a while back, but I think 6-3 is a good bet. Good analysis.

I could see Thomas and Scalia getting into a hissy fit with each other over Scalia wanted to ban it, and Thomas wanting to leave it up to states.

Edit: Ah, shit. Math is hard.

SwankyXomb

(2,030 posts)
14. Nope
Mon Apr 27, 2015, 03:49 PM
Apr 2015

Justice Sleepy will be a no. He doesn't think Americans should have any rights at all. He'd vote against Loving v. Virginia even though it would specifically invalidate his own marriage.

 

dbackjon

(6,578 posts)
9. Businesses want certainty and sameness
Mon Apr 27, 2015, 02:04 PM
Apr 2015

They don't want to have different rules for employees in different states.

They want to be able to move employees to what ever state makes the company the best return - and they don't want a valued employee refuse to move to Alabama because their marriage wouldn't be recognized.

Wall Street wants this settled, so they can make money without the headache.

 

hifiguy

(33,688 posts)
16. Kennedy wrote the opinion striking down the so-called sodomy laws
Mon Apr 27, 2015, 08:02 PM
Apr 2015

and has been decidedly receptive to gay rights arguments for a while. I don't think he's going to go down a different track now.

former9thward

(32,019 posts)
18. They have all made up their minds.
Mon Apr 27, 2015, 08:32 PM
Apr 2015

They are not idiots. They know what the case is about. They are just thinking about what they want in the majority/dissenting opinions.

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