As predicted by just about everyone, SCOTUS is waiting until the last day to release their decisions regarding DOMA and Prop 8, and now we finally know that tomorrow will be that day. Chief Justice Roberts announced that they’ll reconvene at 10:00 AM.
In addition to the DOMA (United States v. Windsor) and Prop. 8 (Hollingsworth v. Perry), there is one other, Sekhar, “the case involving whether a lawyer’s advice is property for purposes of the Hobbs Act.” That’s according to SCOTUS Blog, where Amy Howe also says, in a question submitted to their live blog about who is likely to present the decisions tomorrow,
“˜… going into today it did look like the Chief for Perry and Kennedy for Windsor … .’
Also at SCOTUS Blog, this summary of United States v. Windsor, the DOMA case:
United States v. Windsor
Issue: (1) Whether Section 3 of the Defense of Marriage Act (DOMA) violates the Fifth Amendment’s guarantee of equal protection of the laws as applied to persons of the same sex who are legally married under the laws of their State; (2) whether the Executive Branch’s agreement with the court below that DOMA is unconstitutional deprives this Court of jurisdiction to decide this case; and (3) whether the Bipartisan Legal Advisory Group of the United States House of Representatives has Article III standing in this case.
And this summary of the Prop 8 case:
Hollingsworth v. Perry
Issue: (1) Whether the Equal Protection Clause of the Fourteenth Amendment prohibits the State of California from defining marriage as the union of a man and a woman; and (2) whether petitioners have standing under Article III, Â§ 2 of the Constitution in this case.
For a summary of possible outcomes, see What SCOTUS Could Decide About DOMA, Prop 8.
Finally, changing the subject a bit, and just because I found it interesting, and actually, rather sad, this insight into one of the Justices, as provided by Dana Milbank at the Washington Post:
Justice Samuel Alito’s middle-school antics
The most remarkable thing about the Supreme Court’s opinions announced Monday was not what the justices wrote or said. It was what Samuel Alito did.
The associate justice … read two opinions, both 5-4 decisions that split the court along its usual right-left divide. But Alito didn’t stop there. When Justice Ruth Bader Ginsburg read her dissent from the bench, Alito visibly mocked his colleague.
According to Milbank, while Ginsberg was reading her dissenting opinion, stating that the majority opinion “made it easier for harassment to occur in the workplace,” as Milbank summarized, Alito, seated next to Ginsberg “shook his head … in disagreement, rolled his eyes and looked at the ceiling.”
Anyway, the long wait ““ which started well before DOMA and Prop 8, and tomorrow’s release of related decisions ““ is almost over. At least, for this phase of the march toward equality.