The Supreme Court Will (Finally) Rule on DOMA & Prop 8 on Wednesday (Really)
The announcement came on Tuesday, after the Court issued what the NAACP called "a step backwards in the march towards equal rights." But the penultimate decision day has tended to be when Roberts, in his time as the chief, announces that the following day will indeed be the last, and with just three cases left on the docket, Prop. 8 and DOMA must be among the final boxes. As the always reliable SCOTUSblog reported:
History indeed. On Wednesday shortly after 10 a.m. Eastern time, same-sex couples will find out if they can legally get married in this country in a possible end to the five-year fight against Proposition 8 (Hollingsworth v. Perry) in California and beyond. With DOMA (United States v. Windsor), there remains more wiggle room, and the Court could punt or send the case back down to the lower court like it did in the affirmative-action case Fisher v. Texas. Here's a handy flowchart or two if you're not all up to date by now, though you're probably sick of having this explained to you already.
The rulings might not come down right after 10, though, as there's actually one more case to be ruled on Wednesday, which is likely to be the opening act. Rulings are announced based on the seniority of the justice issuing the majority ruling, and Sekhar v. United States could be just that, as the Supremes decide whether or not a lawyer's advice or "recommendation" can be the subject of blackmail, as SCOTUS blog explains, "intangible property that can be the subject of an extortion attempt" under the Hobbs act.
It also involves a saucy extramarital affair.
There remains little-to-no possibility that the Court would carry the gay marriage cases to its next term, when the two linked opinions would be re-argued. That only happens if there are major outstanding issues regarding the cases, and lawyers would then be contacted with more questions. And while "standing" itself may be a big issue, there were only two big questions left in this one: How soon, and what will be our history? One down, one to go.
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