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 Courts 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, shes 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 peoples 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.
SoapBox
(18,791 posts)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)Roberts probably won't go there. He's too political.
hifiguy
(33,688 posts)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)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)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.
SoapBox
(18,791 posts)SwankyXomb
(2,030 posts)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.
hifiguy
(33,688 posts)Uncle Ruckus is something else.
dbackjon
(6,578 posts)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.
realFedUp
(25,053 posts)Of the group. Others too partisan unfortunately.
LuvNewcastle
(16,846 posts)I respect in government today.
appalachiablue
(41,143 posts)Behind the Aegis
(53,959 posts)She is wonderful! I worry about losing her.
hifiguy
(33,688 posts)May she serve a long while.
libdem4life
(13,877 posts)borondongo
(19 posts)He holds the key
hifiguy
(33,688 posts)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)They are not idiots. They know what the case is about. They are just thinking about what they want in the majority/dissenting opinions.
Skittles
(153,169 posts)I knew my stand decades ago, and so did she