furtech: (Thenardier)
furtech ([personal profile] furtech) wrote2013-06-26 11:28 am
Entry tags:

The Apocalypse? Or Is It Just Me?

Very happy for many of my friends with regards to the Supreme Court decisions regarding marriage. Mazel tov!

However...when I read who was on the majority of the Prop. 8 decision, my brain exploded.

Scalia and Roberts helping to strike down Prop. 8??!WTF?

Kennedy and Sotomayor dissenting??!?

If there were a betting pool, I SO would have lost money with any combination of judges I would have thought possible.

Now, the HuffPost did explain:
If March's oral arguments were any indication, the justices' unusual alliances on Wednesday -- Scalia and Roberts with three liberals in the majority and Sotomayor joining Kennedy and two conservatives in dissent -- would have realigned to their usual ideological divides had they at all even noted Proposition 8's constitutional merits in their opinions.

Still...if anyone has a *simple* explanation for this juxtaposition of judges, I'd love to hear it.

[identity profile] didjiman.livejournal.com 2013-06-26 10:01 pm (UTC)(link)
It makes perfect sense. Roberts is not an activist, he's a legalist.

The Ruling is solely on the lack of Legal Standing of Prop 8 Repeal Challenge, not on Prop 8 itself. So it's a legal issue.

I think they way it works is that, Roberts took polls and said it's going to be 5-4 with Prop 8 going down in all cases (with different 5-4). So which one do we settle on, and they chose the least ideologue decision.

[identity profile] furtech.livejournal.com 2013-06-28 08:08 am (UTC)(link)
I guess the end result is the same-- a win is a win. But it's like winning on a wild pitch or a walk: it doesn't -feel- like a victory...