Big Wednesday 2013
Yesterday, I finally had a spare moment to set up for today’s cases. And I threw in my predictions just to go on the record. No, I don’t know why the Court is taking three days to do what I… Continue Reading
Same-Sex Marriage
Big Monday 2013
Today is the last scheduled day for decisions and opinions scheduled by the Supreme Court. In the comments to this post, I’ll be glossing the Voting Rights Act, affirmative action, and same-sex marriage cases.* And, of course, setting up a… Continue Reading
Maybe I’m Wrong But I’ve Good Company In My Wrongness (UPDATED)
Last week, I advanced the position here, which was called “bipolar” in another forum, that while the President ought to only very rarely determine a law to be unconstitutional, should he do so, he should not only decline to defend… Continue Reading
Nothing To Worry About Here… Right?
There couldn’t be anything to worry about in President Obama’s ordering the Justice Department to stop defending the Defense of Marriage Act, could there be? After all, this is a recognition of the essential truth that there is no legally… Continue Reading
The Oral Argument
I’ve tried, something like twelve times tonight, to load up and watch the oral arguments in Perry v. Schwarzenegger. I’ve been mostly frustrated. I half-listened to the arguments about standing at work, and they affirmed what I already thought —… Continue Reading
What He Said
When I don’t write about something here, one of the reasons why is that I don’t think I have anything new or insightful or useful to add to a particular subject. The subject of three Justices of the Iowa Supreme… Continue Reading
The Stay Order
In full, the Ninth Circuit’s order granting the stay of the vacation-of-Prop-8 holding in Perry v. Schwarzenegger reads: Appellants’ motion for a stay of the district court’s order of August 4, 2010 pending appeal is GRANTED. The court sua sponte… Continue Reading
Stayability Of Prohibitive And Affirmative Injunctions
Here’s some dense law for you — a general rule of California law is that a prohibitive injunction is not stayed during the pendency of an appeal. Rubin v. American Sportsmen Television Equity Society, Inc. (1951) 102 Cal.App.2d 288, 290. … Continue Reading
Article III Standing May Determine Status Of Marriage
Judge Walker has ordered that the stay of entry of judgment in Perry v. Schwarzenegger will expire at 5:00 p.m. on August 18. That means at the start of business on August 19, 2010, California will once again be a… Continue Reading
What Marriage Is About
A poignant reminder: Oh noes, the kids have been taught this stuff for generations! We need to ban Sesame Street and teach kids that marriage is about being better than homosexuals! Hat tip to Jim Burroway.