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A summary of some of the oral arguments in the Prop 8 case before the Supreme Court.

The Dish


As we know, it’s foolish to predict a decision based on oral arguments (pdf). So I won’t. But since I’ve been arguing this question most of my adult life, I figured it would make sense to see who I think got the better of the case. Some of the issues are beyond my skill-set: I’m not qualified to answer on the somewhat esoteric issue of standing – except that it is clearly at issue here and may give a deadlocked court a way out.

This exchange was the most clarifying on that matter:

JUSTICE SOTOMAYOR: — Justice Scalia proffered the question of the Attorney General. The Attorney General has no personal interest.


JUSTICE SOTOMAYOR: He has a fiduciary obligation.

But no such obligation exists for the five (now four) individuals claiming to be harmed by the striking down of Proposition 8. Here is how Olson…

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