SCOTUSBLOG, Reuters: ‘Prop 8 Unlikely to Be Upheld’, ‘Roberts Raises Doubts About California Case’


News outlets are starting to tweet from inside the courtroom. Important to note that these are not definitive decisions but items for attorneys to consider, impressions, statements, etc…

We'll have analysis from our legal expert Ari Ezra Waldman as soon as possible after 1 pm when the transcripts are released….

The Guardian's live blog is very informative – play-by-play…

Writes the Guardian: "As usual, Kennedy is the one all eyes are focused on as the likely 'swing vote.' Kennedy, however, knows this, and he likes to throw up a cloud of smoke to distract pundits. Recall that in the health care reform case, everyone expected Kennedy to be the pivotal fence-sitter, when ultimately it was Justice Roberts who voted to uphold while Kennedy wrote the vicious dissent representing those who wanted to throw out the entire law."

And here's the Wall Street Journal's live blog on the hearings

Reuters breaking:

Tweet: "Developing: Roberts says California #prop8 case may not reach central issue of right to marry for gays…"

Tweet: "U.S. Chief Justice Roberts, midway into gay marriage arguments, raises doubts about California case"

Tweet: "Supreme Court Justice Kennedy: California gay marriage ban may hurt rights of gay couples children"


Tweet: "Breaking: 1st update- #prop8 unlikely to be upheld; either struck down or #scotus won’t decide case."

Tweet: "Breaking: key vote Kennedy VERY uncomfortable striking down #prop8. Suggests dismissing case. Would leave in place 9th Cir pro-#ssm ruling."

Tweet: "There are not 5 votes to strike down #prop8 and recognize equal right to #ssm at this time"

Tweet: "Arguments done. #scotus won’t uphold or strike down #prop8 bc Kennedy thinks it is too soon to rule on #ssm. #prop8 will stay invalidated."


Tweet: "Scalia: "considerable disagreement" about the "consequences" of same-sex couples raising children."

Tweet: "Scalia: "I take no position on whether it's harmful or not, but it's certainly true there is no answer to that scientific question…"

REUTER reporter David Ingram:

Tweet: "Cooper said the high court should defer on the standing question to the California Supreme Court's findings."

Tweet: "Charles Cooper was interrupted during his first sentence or two of the argument. Roberts suggested he begin with standing, not the merits."

Washington Blade's Chris Johnson:

Tweet: "Lots of questions about standing. Sotomayor said it seems "counterintuitive" for state to delegate standing to those who support measure."

Tweet: "Kagan asks whether constitutional to ban 55 years from marrying. Cooper says no because 1/2 of such couples can usually still procreate."

Tweet: "Scalia: If you legalize #marriageequality , have to legalize gay adoption and "considerable disagreements" on whether that's harmful to child"

Buzzfeed's Chris Geidner:

Tweet: "First #SCOTUS take: Very significant questions about whether the proponents had standing to bring the #Prop8 appeal at all."

"Second #SCOTUS take: Justices also were very skeptical of the "nine-state solution" advanced by the Obama administration."

Developing refresh for updates…