Courts & Law

Posted by AzBlueMeanie:

The U.S. Supreme Court today heard oral argument in United States v. Windsor, the challenge to the constitutionality of the federal Defense of Marriage Act (DOMA).

Lyle Denniston at SCOTUSblog.com has posted his first impression of today's oral argument. Argument recap: DOMA is in trouble:

If the Supreme Court can find its way through a dense procedural
thicket, and confront the constitutionality of the federal law that
defined marriage as limited to a man and a woman, that law may be gone,
after a seventeen-year existence.  That was the overriding impression
after just under two hours of argument Wednesday on the fate of the
Defense of Marriage Act.

That would happen, it appeared, primarily because Justice Anthony M.
Kennedy seemed persuaded that the federal law intruded too deeply into
the power of the states to regulate marriage, and that the federal
definition cannot prevail.   The only barrier to such a ruling, it
appeared, was the chance – an outside one, though — that the Court
majority might conclude that there is no live case before it at this
point.

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.

Posted by AzBlueMeanie:

U.S. Supreme Court Chief Justice John Roberts’ lesbian first cousin, Jean Podrasky, will be attending Tuesday’s and Wednesday’s arguments before the Supreme Court on gay marriage. She should wave and blow a kiss to her cousin, "Hi Johnny!"

John Aravosis posts, Justice Roberts’ lesbian cousin will attend Tuesday’s Supreme Court gay marriage arguments:

Podrasky,
who lives in the San Francisco Bay area with her partner Grace
Fasano, announced the news in a blog post at the National Center for
Lesbian Rights.

I know that my cousin is a good man. I feel confident
that John is wise enough to see that society is becoming more accepting
of the humanity of same-sex couples and the simple truth that we deserve
to be treated with dignity, respect, and equality under the law. I
believe he understands that ruling in favor of equality will not be out
of step with where the majority of Americans now sit. I am hoping that
the other justices (at least most of them) will share this view, because
I am certain that I am not the only relative that will be directly
affected by their rulings.