Discussion: Did The Supreme Court Just Tip Its Hand On Same-Sex Marriage Outcome?

Well, we all saw this one coming.

This oneā€™s for you, Clarenceā€¦

Deal with it.

Another reminder of how lousy Bush Sr. was, a chip off the old son

Superficial analysis. Heā€™s been a disaster since day one.

For the most part, I empathize.

However, beyond the high probability of this report turning out as an accurate prediction of the majority outcome, there is the one tiny ferocious puff of low comedy, and in addition it may be possible to discern an analogous split, beyond the issues of this case, towards the coming passion play Re the Matter of the Moops.

The low comedy comes, typically, from Scaliaā€™s signing on to Thomasā€™ antebellum yowl against the Tyranny of federal government beyond War Waging and the logarithmic expansion of our Security State. Scaliaā€™s past opinions touching anywhere near the issues of equal treatment, not just cumulatively but at least twice specifically, mark his resignation that the battlefield of marriage equality was lost years ago - which in turn means that his wanting his name prominent in association with written dissent here amounts to nothing more than the SCOTUS equivalent of deliberately choosing to appear on the dais as the keynote speaker at a Civil War battle re-enactment issues a prolix lament on the actual outcome at Gettysburg.

But leave aside Scaliaā€™s support: why would even Thomas bother putting his dissent in writing in the ā€œfirstā€ place? To cover for the fact that the true source of anxiety about the inevitable outcome being badly received by the Base being inclined to somehow blame Scalia for his predictions and his giving in? Thomas certainly has no apparent need to express this dissent - but Scalia has discernible incentive to sign onto one. IOW: Thomas - what a TOOL ā€¦ again!

My other surmise also derives from the pointlessness of this Learic yowl. Could it be possible that Scalia and Thomas have divined - or Scalia divined and Thomas co-operated - some need to yowl loud NOW as a warning of the bigger whirlwind to come with either or both CJ Roberts and Kennedy deciding against in Re the Matter of the Moops?

Well, Alabama only repealed their law against interracial marriage in 2000, 33 years after Loving struck those laws down. Of course, it was unenforceable from 1967 on, but I think keeping in on the books gives a good hint into the attitudeā€¦

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This is nonsense. First of all, about half of all decisions are unanimmous. Second, the non-unanimous decisions are quite often across the ideological range. Third, the 5:4 decsions are a relatively small number, even though they quite often contain the most important decisions. Fourth, and most importantly, if you accuse the conservatives in this way, how about the four liberals who are usually found on the opposite side? Would you say that they ā€œhave kneejerk political agendas that determine their votesā€? Or would you not, just because you happen to agree with their agendas?

Justices have different legal and political philosophies, and these philosophies determine the way they vote. While I certainly would prefer to have more liberal justices on the court, we should refrain from indicting the personal integrity of those who donā€™t vote the way we want them to.

The only surprise here for me is that Alito did not vote with them.

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Ethically challenged Uncle Clarence ā€œMonsantoā€ Thomas actually put forth an opinion??? OMFG! Scaliaā€™s hand obviously made it all the way through the colon and up to Thomasā€™ mouth in order for Clarence actually to issue an opinion!

Iā€™m certain he went right back to sleep afterwards.

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There are plenty of straight Alabamians who support SSM. I think you meant homophobic bigots of Alabama.

I would have thought that might be Utility Air Regulatory Group vs EPA (2012), when the usual 5 suspects ruled that while the EPA could regulate greenhouse gases (that was decided in an earlier case, in 2007), it could only do so on large stationary sources like power plants, and not smaller stationary sources like shopping centers.

Iā€™m not sure what the gay marriage cases have to do with the climate.

Oh, wait ā€“ I guess you meant anti-climactic. Never mind!

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Oh, you are meanā€¦

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Hey, itā€™s Roy Moore, the Ten Commandments judge ā€“ he craves controversy. I still canā€™t understand how he managed to get elected (again!) Chief Justice of the Alabama Supreme Court after he was thrown out of that same position for refusing to obey the order of a federal court. And now heā€™s doing it again. And why not ā€“ there seems to be no real price to pay for it in Alabama.

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I couldnā€™t resistā€¦

I only hope the SCOTUS ruling on ACA subsidies breaks at least 7 to 2.

Uncle Thomas had his Kanye moment today.

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Thomas knows full well (or does he?) that states canā€™t override civil liberties guaranteed by the constitution.

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ā€œDecorumā€ left SCROTUS with Bush v. Gore.

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The fact Bush nominated Thomas to replace Thurgood Marshall still makes me sick to my stomach.

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