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Originally Posted by Clever_Iggy
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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I'm not familiar with the 9th circuit but I was assuming they will uphold the lower courts ruling. A pretty grand assumption I realize, but the 9th circuit would have to be extremely conservative to overturn. Kennedy is a wildcard, admittedly, but I think his interpretation of the equal protection clause is broad enough that I'd be very surprised if he didn't vote with the liberal faction.
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As you can see, I'm completely ridiculous.
Last edited by Weiser Wonder; 08-04-2010 at 05:55 PM.
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