SCOTUS appears ready to punt on California’s Prop. 8
Posted by AzBlueMeanie:
Today the U.S. Supreme Court heard oral arguments in Hollingsworth v. Perry, the case involving a challenge to California’s Proposition 8 banning same-sex marriage. It appears as if pre-hearing legal analysis questioning whether the parties have proper legal standing to be litigants before the Court may carry the day after all. Justice Kennedy openly questioned "Why are we here?," indicating that the Court may punt on a decision on the merits and instead issue a procedural ruling.
The argument transcript is here (updated link). Argument audio is here. (h/t SCOTUSblog.com).
Tom Goldstein at SCOTUSblog.com has posted his first impression of The Proposition 8 oral argument:
Much will be written about the Proposition 8 oral argument. The
bottom line, in my opinion, is that the Court probably will not have the
five votes necessary to get to any result at all, and almost certainly
will not have five votes to decide the merits of whether Proposition 8
is constitutional.