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Old 08-04-2010, 05:45 PM   #41
Weiser Wonder
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Quote:
Originally Posted by Clever_Iggy View Post
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.
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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Last edited by Weiser Wonder; 08-04-2010 at 05:55 PM.
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