Obama administration asks Supreme Court to take up federal Defense of Marriage law in new term

[kpete]

Source: Washington Post

Obama administration asks Supreme Court to take up federal Defense of Marriage law in new term
By Associated Press, Updated: Tuesday, July 3, 4:16 PM

WASHINGTON — The Obama administration is asking the Supreme Court to settle the legal fight over a law that denies federal benefits to married gay couples.

The Justice Department on Tuesday asked the court to hear an appeal in its next term of lower court rulings striking down a portion of the Defense of Marriage Act. The earliest the justices might decide to hear the case is in late September. Arguments probably would take place over the winter and a decision returned by late June 2013.


The administration said it agrees with the lower court rulings, but wants prompt high court review because President Barack Obama has instructed federal agencies to continue to enforce the law’s ban on federal benefits to married gay couples until there is a final court ruling.

Read more: http://www.washingtonpost.com/politics/courts_law/obama-administration-asks-supreme-court-to-take-up-federal-defense-of-marriage-law-in-new-term/2012/07/03/gJQAA0DhLW_story.html

[Tx4obama]

1. John Eastman (Chairman of the Board of NOM) wants Chief Justice to Resign

More info here: http://www.democraticunderground.com/125151011


Connect the dots (on the link above) and it sounds to me like Eastman probably thinks Roberts will vote with the liberals to strike down DOMA.

[Travis_0004]

2. Kennedy is often the swing vote

Kennedy is very libertarian in a lot of his votes, so I would imagine he would vote to strike down DOMA, so I could see it being repealed 5-4

[Tx4obama]

3. And with Roberts it could be 6-3 n/t

[bigdarryl]

4. That mother fucker is no swing vote

He wanted to throw out the whole Affordable Healthcare Act with the mandate Kennedy that is

[Ruby the Liberal]

5. Thats because he is a Libertarian.

He votes with the progressives on social issues.

[sofa king]

6. Interesting.

I wonder why the President would bother to toss this up now, when it's sure to be knocked down 5-4 by the criminals....

...Unless he expects the composition of the court to change in less than one year.

Oh, shit! Is the President about to drop the hammer on Thomas or Scalia? He can potentially skip impeachment if he can prosecute for a major crime.

Neither of them will leave without being dragged out in cuffs, so what is it?

Edit: Could he be considering raising the number of Justices by two and inserting them as recess appointments so the Senate can't block it? I don't think that is easy to do anymore.

[DCBob]

7. I think he expects a favorable ruling with the current SCOTUS lineup.

I think so too.

[sofa king]

8. My understanding of the SC is too crude, I suppose.

Since Bush v. Gore, I have rarely been disappointed by using the Rockstar Razor: the Supreme Court always comes down on the side of money and big business.

But it is overly simplistic and does not take into account the fact that those who control the conservatives on the Supreme Court must occasionally defer to the expertise of their minions.

Can you give me a little breakdown of which way you think the nine will go?

[Orangepeel]

9. Big business isn't anti-gay

Certainly there are bigots everywhere, but large corporations generally don't support anti-gay measures.

For example, here is an article about the Tennessee Chamber of Commerce supporting an anti-gay measure.
http://www.huffingtonpost.com/2011/05/23/tennessee-anti-gay-bill-chamber-commerce-business_n_865581.html

Supporting the measure was based on the personal agenda of people with ties to the governor and many large corporations were against it.

Big business likes the ability to discriminate because it can save them money, but with large corporations, which often have non-discrimination policies in place, do business in areas where they need to show inclusion, and have well educated employees, the hassle of having different policies in different places isn't worth the possible money they could save by not paying for benefits for the spouses of a few gay employees.

[DCBob]

10. I suspect Kennedy will vote with "liberal" judges. 5-4.

Kennedy has been leaning rght lately but I think on this one he's with us.