Section 4 - Unconstitutional!

But according to Amy Howe, Scotusblog, they said "The Court makes clear that: "Our decision in no way affects the permanent, nationwide ban on racial discrimination in voting found in [Section] 2. We issue no holding on [Section] 5 itself, only on the coverage formula. Congress may draft another formula based on current conditions""

Don't like what the court did, but Congress could re-do the formula.
 
tekkychick said:
But according to Amy Howe, Scotusblog, they said "The Court makes clear that: "Our decision in no way affects the permanent, nationwide ban on racial discrimination in voting found in [Section] 2. We issue no holding on [Section] 5 itself, only on the coverage formula. Congress may draft another formula based on current conditions""

Don't like what the court did, but Congress could re-do the formula.
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Congress could do a lot of things it isn't going to do. And without Section 4, there is no Section 5. The Court had no need to strike down Section 5 to nueter it.
 
tekkychick said:
But according to Amy Howe, Scotusblog, they said "The Court makes clear that: "Our decision in no way affects the permanent, nationwide ban on racial discrimination in voting found in [Section] 2. We issue no holding on [Section] 5 itself, only on the coverage formula. Congress may draft another formula based on current conditions""

Don't like what the court did, but Congress could re-do the formula.
Click to expand...
Fat chance of that happening in the near future. This congress can't even tie it's own shoe.
 
So, it looks to me like Roberts will be writing the opinion on Proposition 8. I don't know if that's a good thing or not.
 
And they think Kennedy will write DOMA.

Based on what I've read, I assume Prop 8 will either be kicked out for lack of standing or they'll decide in such a way that it just applies to California. Either way, we get same sex marriage back in California.

DOMA... I see no way that can be upheld, but who knows?
 
Also, too, this 5-4 decision (yesterday we had two 5-4 decisions against victims of workplace discrimination) is just more evidence that Republicans and Democrats are all the same so it doesn't matter who you vote for as president.
 
Dungheap said:
Also, too, this 5-4 decision (yesterday we had two 5-4 decisions against victims of workplace discrimination) is just more evidence that Republicans and Democrats are all the same so it doesn't matter who you vote for as president.
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Nice sarcasm! (thought I'd spell it out for those who thought you were being literal)
 
So, could say, Alabama go back to requiring a poll tax or a literacy test for voting?
 
Looks like Standing will be the Prop 8 issue. I wonder if they will say the Ct. Does not have standing, thus kicking it back to the court that overturned it and leaving Prop 8 overturned.

On the DOMA issue, I suspect the Ct. will use the Full Faith and Credit Clause of the Constitution to strike it as Unconstitutional. It well may mean that everyone who wants a same sex marriage in Texas can fly to New York, get married and return to Texas, then require Texas to treat them as married. That could start as soon as tomorrow morning. If you are gay in Texas, and want to get married, buy your plane ticket NOW.
 
Jarod said:
So, could say, Alabama go back to requiring a poll tax or a literacy test for voting?
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Well, Alabama could pass such laws and then whether the laws violated Section 2 would have to be litigated. The preclearance procedures would have invalidated them from the get go.
 
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It will lead to some interesting cases - Texas doesn't recognize same sex marriages; so if you get married in California and then move to Texas, you can't get a divorce... which is weird. And what about state benefits for spouses?

Sooner or later, a court case will come along that will at least require all states to recognize marriages from other jurisdictions, even if they don't allow same sex couples to marry in their state. And then eventually same sex marriage will be legal everywhere, either through voting or a court case...

I wrote my first letter to the editor in support of same sex marriage in the late 80s; very exciting to see it happening now. I hope Supreme Court doesn't uphold Prop 8, but I just don't see how it can. I can see how it can limit it to California, which is what the district court did.

DOMA is just awful law. Unconstitutional under 14th amendment, and of course tramples state's rights to define marriage.

But you're the lawyer, Jarod, not me, so you have a more knowledgeable view into what might happen.
 
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