AdamB
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    AdamB commented on the blog post New York’s Enlightenment & Some Thoughts On Perry Prop8 Case

    2011-06-25 09:56:59View | Delete

    But it’s not necessary for deciding this case, just as resolving the equal protection standard-of-review question wasn’t necessary for Lawrence (and only O’Connor, of the majority, went there). And I especially think you may get that limited opinion if, as I suspect (but wouldn’t predict firmly), the Chief Justice wanted to join the majority it order to steer it that way.

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    AdamB commented on the blog post New York’s Enlightenment & Some Thoughts On Perry Prop8 Case

    2011-06-25 08:40:06View | Delete

    My suspicion is that if this makes it to the Supremes, Kennedy takes it in a Romer/Cleburne/Moreno direction and focuses on the animus associated with taking away the label “marriage,” rather than creating a 50-state freestanding right to marriage equality. This time.