The Right Coast

Editor: Thomas A. Smith
University of San Diego
School of Law

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Friday, December 7, 2012

The Volokh Conspiracy

The SCOTUSblog live blog reports: “Prop. 8 is granted. So is Windsor. Those are the only two marriage cases granted.”

SCOTUSBlog’s live blog continues: “Prop. 8 is granted on the petition question — whether 14th Am. bars Calif. from defining marriage in traditional way.” No surprise there — except perhaps to Jeffrey Toobin. The Court then added a question of its own: “Whether the backers of Prop 8 have standing in the case under Art. III.” So the court may avoid ruling on the constitutionality of Prop 8 by saying that the case should not have been allowed to proceed in the first place — which I gather would mean that the lower court decisions are off the books, as there was no jurisdiction in the cases that would allow them to be decided.

via www.volokh.com

I vote for resolution on standing grounds, as that most likely to cause embarrassing confusion among know-nothing commentators. --ts

http://rightcoast.typepad.com/rightcoast/2012/12/the-volokh-conspiracy.html

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