Tuesday, October 7, 2014

The Same-Sex Marriage Fight Is Over - Atlantic Mobile

A quick explanation is in order: The Supreme Court does not have to take most cases. It has discretion over most of its jurisdiction. A party who lost a case below may petition the Court for review; the technical term is "writ of certiorari," or "cert." for short. It is hornbook law that a denial of cert. has no legal meaning. It doesn't mean the Court approves of the decision below. It just means the Court doesn't want to look at the issue now.

So the Court officially gave no hint as to how it would rule when—or, as of today if—the same-sex-marriage issue comes before it. Unofficially, I don't see how that can be true. I don't see how today's decision doesn't signal that even within the Court, the fight is over.


Could this create a backlash against the Supreme Court that would drive conservatives into power?

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