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Old 08-04-2010, 04:55 PM   #28
Clever_Iggy
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Join Date: Feb 2007
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Quote:
Originally Posted by Weiser Wonder View Post
It means the law is overturned. So, unless the Judge decides to put a hold on the ruling until it has been appealed, the law is no longer in effect. The Supreme Court doesn't even have to accept the case, in which case the law is overturned. I think there's a solid chance they don't accept the case because conservatives on the SC can see the writing on the wall. Prop 8 and the like do not stand a chance. They are a clear violation of the Equal Protection and Due Process clause of the of 14th amendment. Kennedy will side with the liberal faction and that's the magical five votes.
You're not forgetting the appeal to the 9th Circuit which could uphold Prop. 8 and then the USSCT could deny cert and the law would be settled opposite of what was found today, right? From your post you seem to be forgetting a layer.

Kennedy is too much of a wild card, I wouldn't be so sure on how he would side. That's a lot of power in 1 justice's hands.

Edit: also, proponents have/will file an injunction to prevent marriages until the case is heard by the 9th Circuit... and another one while it is awaiting cert.
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