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(Bloomberg)   So, what's the status of those Utah gay marriages that went through before the Supreme Court stayed of the ruling? "To put it in technical legal terms, this is a total friggin' mess"   (bloomberg.com) divider line 5
    More: Obvious, Supreme Court, Utah, opponents of same-sex marriage, United States federal judge, master status  
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1101 clicks; posted to Politics » on 07 Jan 2014 at 1:16 PM (36 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2014-01-07 01:36:48 PM
3 votes:
The government is not supposed to be simply granted a stay as a matter of course. A stay is supposed to be for when the appellant has a reasonable likelihood to prevail on the merits, and will suffer irreparable harm from compliance with the lower court ruling, and that this harm is greater than the harm suffered by the respondents if the ruling is not complied with. But it's basically become this special privilege where if the government loses, they get to say "we don't like this result and don't want to comply with it until the appeals are exhausted", meanwhile if you lose a trial in a district court, your ass is going to jail (or at least complying with a civil ruling) while the appeals process works its way to its final conclusion. At the very least, if the Supreme Court was going to rule that both the district court and the 10th Circuit were wrong to deny a stay, they should give at least a sentence or two explaining why.
2014-01-07 02:47:43 PM
2 votes:

Paris1127: JolobinSmokin: I'm just glad my marriage isn't being decided by these 9 people, again.

/mixed race marriage

I don't know, you might get Clarence Thomas to side with the liberal wing of the court...


/assuming Scalia allows him to


He got his, Fark the rest of you.
2014-01-07 03:16:08 PM
1 votes:

OtherLittleGuy: jaerik: Isn't it sort of like an inside-out version of how Prop 8 got overturned?

Court allows marriage, folks get married, voters ban it, SCOTUS decides you can't ban gay marriage once you've allowed it.

I understand the order of operations is slightly different, but... same argument, no?

I feel bad for those who have already got married, and a little surprised that Sotamayor let it go up to SCOTUS (unless it was mandatory), but this might be the test case, with standing, for all the marbles.

/how old are Thomas and Scalia again?


Sotamayor wants the big dance to go down. She and Ginsburg likely think they can pull Kennedy over to their side and put the issue to bed for the whole country permanently.
2014-01-07 02:09:48 PM
1 votes:

i.huffpost.comJolobinSmokin: I
'm just glad my marriage isn't being decided by these 9 people, again.

/mixed race marriage


I should learn how to use the preview button.
2014-01-07 01:20:24 PM
1 votes:
Isn't it sort of like an inside-out version of how Prop 8 got overturned?

Court allows marriage, folks get married, voters ban it, SCOTUS decides you can't ban gay marriage once you've allowed it.

I understand the order of operations is slightly different, but... same argument, no?
 
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