Tuesday, April 28, 2015

Initial Thoughts on the Supreme Court's Oral Arguments Today

Today I listened to the oral arguments over whether there is a Constitutional right to gay marriage which has gone undiscovered until this year.  I know that it is difficult to predict the way justices will vote, but simply on the basis of the questions the justices were asking and the softballs they were throwing, it would seem that the vote will come down to Kennedy and my hunch is that he will "discover" a right to gay-marriage in the 14th Amendment.  Of course, anyone who is even a mild originalist would laugh out of the building the claim that there is a right to gay-marriage in the Constitution.  Perhaps Kennedy will come to his senses, but from other decisions, he seems to be a populist with a love of the limelight who wants to be on the "right side of history" with the cool kids.

I plan to say more about the oral argument in the next couple days if I can get around to it. 

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