So, if SCOTUS dismissed the case, the lower-court opinion (that strikes down Prop. 8) would stand? Or would it have to be re-tried in a lower court?
'Beneath You'
Natter 71: Someone is wrong on the Internet
Off-topic discussion. Wanna talk about corsets, duct tape, or physics? This is the place. Detailed discussion of any current-season TV must be whitefonted.
The 9th Cir opinion would stand.
the lower-court opinion (that strikes down Prop. 8) would stand?
I think. But just in California, right? Or a few other states?
Another tweet:
SCOTUSblog @SCOTUSblog 5m There are not 5 votes to strike down #prop8 and recognize equal right to #ssm at this time
SCOTUSblog @SCOTUSblog 5m There are not 5 votes to strike down #prop8 and recognize equal right to #ssm at this time
But they can still dismiss it? So the pro-ssm 9th Circuit opinion would stand?
If the Supremes dismiss the case (on the grounds the proponents of prop 8 do not have standing to bring the case to the Supremes), the 9th Circuit case striking down prop 8 would stand
I paid about $200 the one time I had my taxes done at H&R Block. As it turned out the preparer didn't do anything but plug info I'd already organized and provided into her computer screen and get the same result I had at home. But I was working with an unfamiliar form thanks to capital gains (goodbye, 12 shares of Disney stock that was going to cost me $60 a year to keep!), and wanted the peace of mind of a professional signing off on it.
If the Supremes dismiss the case (on the grounds the proponents of prop 8 do not have standing to bring the case to the Supremes), the 9th Circuit case striking down prop 8 would stand
Which would mean that marriage equality would be re-established in California, but wouldn't establish a precedent for the rest of the country, and wouldn't commit them to saying there's an equal protection right to marriage regardless of gender.
and wouldn't commit them to saying there's an equal protection right to marriage regardless of gender.
So, would that bode ill for tomorrow's hearing on DOMA?
So, would that bode ill for tomorrow's hearing on DOMA?
I would say that if the Supremes dismiss the Prop 8 case on standing, then they are unlikely to get to the merits on DOMA if they can avoid it.