The Prop 8 Arguments

I don’t have much to add to the consensus of Pierce, Denniston, Millhiser, Liptak and Serwer.  On  the merits, the case for upholding Prop 8 looked as stunningly weak as it is.   In terms of the Politburo watching, Kennedy seems unlikely to vote for a national right of same-sex marriage but also unlikely to vote to uphold Prop 8 (“40,000 children“).   If the Court is going to punt, I’d much prefer an “improvidently granted” dismissal to a bad standing ruling.

I’ll probably have more about Scalia’s originialism colloquy later in the week.