It is so ordered..


I never expected to be moved to tears by the eloquence of a court judgement, even if the margin was as narrow as it could have been (5-4).

6 Responses to “It is so ordered..”

  1. Adrian Burd Says:

    Kennedy’s arguments and writing today, and Roberts’ arguments yesterday, are all extremely good, well argued, and fit well within what the Supreme Court is actually meant to do.

    Today’s decision, and yesterday’s concerning the Affordable Care Act, are both quite momentous decisions. We are already seeing the backlash, where some State Attorney Generals are stating that they will fight the decision by claiming it infringes on religious rights (we’re looking at you, Texas, though to be fair, a county in Texas was among the first to issue marriage licenses this morning, with the court official stating that the Supreme Court trumps her boss!).

    These two decisions really display how utterly weak the dissenting arguments were. Scalia shows himself to be an intellectual and legal lightweight whose only recourse is bombast when court decisions go against the wishes of political masters. And as for Thomas…..I don’t know anyone who can actually parse what he wrote.

    Sadly, the US is so polarized that I strongly suspect that this is not over. The incoherent rhetoric from the right has already started (“SCOTUS changed the constitution”, “liberal activists judges” (even when one of them is a Republican)) and I suspect will not let up till November next year………Yes, more than a year of inanity, stupidity, and idiocy…..welcome to politics US style.

    • telescoper Says:

      I haven’t read the dissenting arguments. I did start, but one was so impenetrable I gave up after two pages (of 29)…

      • Phillip Helbig Says:

        Even if one agrees with the dissenting argument, I can’t fathom how same-sex marriage is a threat to democracy.

      • Adrian Burd Says:

        I bet that was Thomas’!!!!

        The gist of Alito’s argument seems to be that, in a democracy, the majority should not impose it’s views on others.

        Roberts seems to think that marriage is an “unvarying social institution enduring over all of recorded history”, and this quality should take precedence over legal decisions. I guess he’s never read about marriage in the Old Testament, never mind the fact that just because something has been done for a long time, doesn’t mean it shouldn’t be changed.

        Scalia is just a sad, angry little boy, angry because he didn’t get his own way.

        And Thomas thinks that the only definition of liberty is liberty from the actions of a government.

        And remember, that these same individuals think that a corporation is a human being with all the rights and privileges that that entails.

      • telescoper Says:

        The gist of Alito’s argument seems to be that, in a democracy, the majority should not impose it’s views on others.

        Quite so. People don’t have to marry someone of the same sex if they don’t want to…

    • I disagree with Adrian Burd’s pessimistic prediction about the political fallout from this decision, at least as far as gay rights are concerned. I predict that there will be some antigay and anti-supreme-court fulmination on the right during the primary election season, in order to whip up support from the most extreme Republicans, but once the stage is set for the general election, not a word will be spoken about same-sex marriage in most states. Support for marriage equality has grown so rapidly in the US that railing against it is no longer a winning strategy, particularly at the Presidential level.

      I suspect that the leading contenders for the Republican presidential nomination are secretly relieved that the decision went this way — it means that in a few months they won’t have to talk about this issue, which is a loser for them, any more.

      The Republican candidates’ dedication to the principle of denying basic health care to their fellow citizens, on the other hand, will continue unabated.

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