Thursday, May 15, 2008

In re Marriage Cases

I'm getting word through the grapevine that the Supreme Court of California will announce its decision in In re Marriage Cases tomorrow at 10 AM. List of briefs, including one by our own Prof. Choper here. Thoughts? Predictions?

Personally, while I'd love to be pleasantly surprised, the present court is far too conservative. I'm guessing 6-1 affirming the Court of Appeal judgment.

MOVING UP: In light of the surprising decision. I've been out of the office all day so I haven't had a chance to read or digest it at all, but my initial reaction is a) this is wonderful b) this just gave the conservatives the rallying cry for November.

22 Comments:

Anonymous Anonymous said...

4-3 affirming

5/14/2008 2:30 PM  
Anonymous Anonymous said...

Armen and 2:30: who are your predicted dissenters?

5/14/2008 2:44 PM  
Blogger Armen said...

I think Justice Moreno will dissent. I'm also predicting CJ George authoring the opinion of the court.

5/14/2008 2:46 PM  
Anonymous Anonymous said...

news accounts said that George's questions at oral argument indicated that he might buy the constitutional argument. i'm guessing 4-3 one way or the other.

5/14/2008 2:48 PM  
Anonymous Anonymous said...

In a great moment of wishful thinking, I predict 4-3 reversing the CA: George, Kennard, Werdegar and Moreno voting to reverse, Chin, Baxter and Corigan dissenting.

5/14/2008 3:01 PM  
Blogger Earl Warren said...

I'm guessing 8-1!

5/14/2008 5:36 PM  
Anonymous Anonymous said...

Why does the Amicus say it's by Choper but at the end says it was prepared by a Keker & Van Nest attorney?

I know that organizations and businesses sometimes pay (or get) other ppl to write amicus for them, but why would a law professor submit an amicus prepared by a 3rd party?

5/14/2008 6:55 PM  
Blogger Armen said...

The question is also the answer isn't it? I just assumed that JC doesn't have the time or inclination to write an amicus brief. Keker drafted something he likes, so they used his status as a premier Con Law scholar to get an amicus brief on record.

5/14/2008 7:09 PM  
Anonymous Anonymous said...

Choper isn't the only Boalt prof who filed an amicus -- Prof. Herma Hill Kay is on the Family Law Professors brief...

5/14/2008 9:55 PM  
Blogger Earl Warren said...

Yeah, that happens all the time. In the big securities case from this term, Stoneridge, a bunch of business profs (and some former SEC chairmen), filed an amicus brief largely written by a certain former Boalt sec reg lecturer who was at another firm cross the Bay.

5/14/2008 10:29 PM  
Anonymous Anonymous said...

choper doesn't have a bar number, so likely can't actually file anything without it being submitted by a "real lawyer." not an uncommon practice for law prof briefs.

5/14/2008 10:32 PM  
Anonymous Anonymous said...

WOW

4-3 OVERTURNING

in majority: George, Kennard, Moreno, Werdegar

5/15/2008 10:14 AM  
Anonymous Anonymous said...

nice call 3:01

5/15/2008 10:20 AM  
Anonymous @3:01 said...

Here is the opinion: http://www.courtinfo.ca.gov/opinions/documents/S147999.PDF

5/15/2008 11:00 AM  
Blogger Patrick said...

You know, as a male who is (1) straight and (2) borderline-allergic to marriage, this opinion has little direct effect on me.

And yet I can't even begin to say how happy it makes me. Maybe there is some sense left in the world after all.

5/15/2008 11:44 AM  
Anonymous Anonymous said...

armen, clearly you didn't watch the oral argument! Chief Justice George was a lion. He's this lesbian's secret crush. The opinion is notable because it is also the first time a state supreme court has applied strict scrutiny to sexual orientation. And, in that sense, the opinion is far stronger than Goodridge out of Mass.

5/15/2008 2:33 PM  
Anonymous Anonymous said...

Goodwin Liu was on the Con Law professors brief too. And Joan Hollinger was on the family law brief. Actually, Prof. Hollinger should get a bunch of credit for playing a key role in establishing California as the most progressive state for the rights of gay parents. Because child welfare issues are such a big part of the marriage debate, her work helped lay the groundwork for today's opinion. And, Professor Kay's work helped establish strict scrutiny for sex discrimination in California, which is closely related to s.o. discrimination. Thanks Professors Hollinger and Kay!

5/15/2008 2:40 PM  
Anonymous divatown said...

This is GREAT NEWS! I've been farklempt all afternoon! My god, especially on this court, w/ Schwartzenwanker's good tidings. It is most hopeful and delightful - I'm going out tomorrow to stock up on lavender bride's maid dresses. This calls for at least several bottles of champagne to the dome. Bottoms up!

5/15/2008 8:14 PM  
Anonymous Anonymous said...

KQED was doing extensive coverage of it and had Prof. Kay. Nothing too surprising said, except she was introduced as the professor from the "Boalt Hall School of Law." I could just imagine Dean Edley tearing his hair out while listening.

5/16/2008 2:06 AM  
Anonymous Anonymous said...

What is the dress code for under our gowns tomorrow? Can we wear shorts and t-shirts?

5/16/2008 9:09 AM  
Anonymous Anonymous said...

shirts and shorts? are you kidding? it's going to be over 90 degrees. I'm wearing my birthday suit and flip flops.

5/16/2008 11:25 AM  
Anonymous Anonymous said...

Congratulations to any other Boalties who passed the bar yesterday!

5/17/2008 6:45 AM  

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