Beyond what I wrote yesterday about Perry (which now seems improbable in light of Kennedy's blather for the Court in Windsor, and Scalia's dissent), I'm on vaycay today, and I'm staying that way until I'm not. When I'm not, I'll have some links.

Perry

So marriage dodged the biggest bullet: a holding that Eq Pr requires ssm nationwide.One question I have is, why did Ginsburg join a restrictive opinion on standing, when expanding standing has long been one of her top agenda items (e.g. Laidlaw)? One guess I'll throw into the mix is that if she refused and thereby allowed an opinion on the merits, Kennedy would not have gone her way and the

What was the most significant part of the oral argument in Perry v. Hollingsworth, the Proposition 8/California same sex marriage case, back last March 26? I think it had to be this:


JUSTICE SCALIA: [W[hen did it become unconstitutional to exclude homosexual couples from marriage? 1791? 1868, when the Fourteenth Amendment was adopted? Sometimes -- some time after Baker, where we said it didn't