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Friday, November 30, 2012

Courts - SCOTUSblog: Last of a 4-day series on "the constitutional controversy, now awaiting the Supreme Court’s attention, over same-sex marriage"

Written by Lyle Denniston, Part IV's title is "The Court’s options."

Tom Goldstein writes an essay today in SCOTUSblog that begins:

At their Conference today, the Justices will consider petitions raising federal constitutional issues related to same-sex marriage. These are the most significant cases these nine Justices have ever considered, and probably that they will ever decide.

I have never before seen cases that I believed would be discussed two hundred years from now. Bush v. Gore and Obamacare were relative pipsqueaks. The government’s assertion of the power to prohibit a loving couple to marry, or to refuse to recognize such a marriage, is profound. So is the opposite claim that five Justices can read the federal Constitution to strip the people of the power to enact the laws governing such a foundational social institution.

Also today in SCOTUSblog, a "plain English" summary of the same-sex marriage cases whose petitions the Court will review today.

Posted by Marcia Oddi on November 30, 2012 08:13 AM
Posted to Courts in general