No Prop 8 or DOMA Rulings Today from Supreme Court


The Supreme Court did not issue opinions today on either the Proposition 8 or DOMA cases.

The Court announced it would be back in session at 10am Tuesday for more rulings, and one more day after that.

SCOTUS did rule 7-1 on an Affirmative Action case, sending the case back to a lower court for another look:

... Strict scrutiny does not permit a court to accept a school's assertion that its admissions process uses race in a permissible way without closely examining how the process works in practice, yet that is what the District Court and Fifth Circuit did here. The Court vacates the Fifth Circuit's judgment. But fairness to the litigants and the courts that heard the case requires that it be remanded so that the admissions process can be considered and judged under a correct analysis. In determining whether summary judgment in the University's favor was appropriate, the Fifth Circuit must assess whether the University has offered sufficient evidence to prove that its admissions program is narrowly tailored to obtain the educational benefits of diversity. ...
Here is that opinion.

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  1. Just keep kicking the can down the road. I have a feeling we will not be happy with Thursday's outcome. I'd love for them to prove me wrong.

    Posted by: Ryan | Jun 24, 2013 10:28:34 AM

  2. They're going to wait until the last minute, then they're going to run like hell for the door.

    Posted by: Jack M | Jun 24, 2013 10:30:17 AM

  3. I'm thinking the same thing- that both cases get tossed due to standing.

    Posted by: devon charles | Jun 24, 2013 10:30:57 AM

  4. Prop 8 is one thing..but to toss DOMA on standing would create a huge legal mess.
    Sadly ironic in a way,if the Justice Department had defended DOMA,there would be no way out like there might be.

    Posted by: Kevin | Jun 24, 2013 10:33:00 AM

  5. Told ya. They will hide until they can hide no longer and then they will whine that the Orange County Clerk in CA and the Republicans have no standing to bring these two cases to the Supreme Court. Total whimps. The Supreme Court disgusts me.

    Posted by: Mike Ryan | Jun 24, 2013 10:35:51 AM

  6. Looks like tomorrow will be the last day. SCOTUSBlog just announced. Tomorrow at 10 a.m.!

    Posted by: Boston | Jun 24, 2013 10:41:40 AM

  7. They're back in session tomorrow. May come then.

    Posted by: Liam | Jun 24, 2013 10:42:12 AM

  8. The Court is in the mood to punt. Except when it comes to cases that might advantage corporations and the wealthy.

    Posted by: Kyle | Jun 24, 2013 10:44:10 AM

  9. Just as an FYI to all you negative Nancys, while Prop 8 is likely to get tossed out on standing (and thereby return marriage to CA), a ruling on the merits in DOMA is far more likely.

    Posted by: Anthony | Jun 24, 2013 10:46:05 AM

  10. They aren't hiding or punting. My god, there are some idiots on this blog.

    They did the exact same thing last June with their ruling on health care. SCOTUS typically waits until the last day of the session to issue their biggest rulings.

    Posted by: ripper | Jun 24, 2013 10:49:17 AM

  11. Check out this amazing video on YouTube for marriage equality. Or go to YouTube and search for 'We the people...that means all of us'. So relevant seeing that we're waiting and holding our breath for an answer...

    Posted by: Ron Jones | Jun 24, 2013 10:50:18 AM

  12. Tomorrow is not the last day. I don't know why people have been expecting early decisions on DOMA and Prop 8.

    Frankly, some of y'all could use a good slap.

    Posted by: Josh | Jun 24, 2013 10:51:10 AM

  13. Also, both were argued in late March. 3 and a half months is not at all an unreasonable time.

    Posted by: Liam | Jun 24, 2013 10:52:35 AM

  14. @Boston -- actually, they're likely to be in session at least until Wednesday. Chief Justice usually announces the final session the day before. As I understand it, he did not. They will release decisions daily this week.

    Posted by: Liam | Jun 24, 2013 10:56:30 AM

  15. These people piss me off. All this cloak and dagger crap from a bunch of people who have guaranteed jobs for life and who don't really work all that hard.

    Jesus, if McDonald's did business like this, you'd still be waiting for last year's breakfast.

    Posted by: David Hearne | Jun 24, 2013 10:59:59 AM

  16. If McDonald's did business like this, you'd be eating raw hamburgers.

    Posted by: Liam | Jun 24, 2013 11:00:49 AM

  17. This is torturous...absolutely unbelievable that we're waiting to see if we will be treated as equal to heterosexuals.

    Posted by: Bryan | Jun 24, 2013 11:05:03 AM

  18. Simmer down people. I know everyone is on edge but there is a possibility they are holding the DOMA/Prop 8 decisions until the last day because they will turn out to be huge sweeping decisions that legalize marriage everywhere. I know that is unlikely...but I feel like the longer they wait, the more dramatic the ruling is likely to be. If they were going to throw them both out on standing, they would have done it already.

    Posted by: ATLJason | Jun 24, 2013 11:05:57 AM

  19. They always tend to hold back the biggest decisions until the end of the term. And if by some chance they're motivated by apprehension about public reaction, I suspect they'd be more worried about conservative outrage if they rule against Prop 8 and DOMA than about liberal reaction if they don't.

    Posted by: Profe Sancho Panza | Jun 24, 2013 11:10:56 AM

  20. Ripper, then you don't know the meaning of punt, dude. Most expert court watchers are saying they punted in Fisher by sending it back to the Fifth to apply strict scrutiny to the university's affirmative action policy. They clearly could have reached a more substantive decision, which Thomas points out, but they did not. They punted.

    Posted by: Kyle | Jun 24, 2013 11:11:29 AM

  21. The date the opinion is released means nothing. Quit reading into this so much.

    If you recall the Obamacare decision was handed down on the last day possible.

    Posted by: Jesse | Jun 24, 2013 11:14:36 AM

  22. Believe it or not, the Court doesn't hold decisions based on politics. Getting a decision usually takes a whole lot of consensus-building to get a majority to sign onto the analysis. A decision like this -- controversial, constitutional, with a clearly divided court and a decision that is likely to generate a number of concurring and dissenting opinions -- takes time. That's why the most hard-fought decisions come out the last day/week of the term. Regardless of whether it's standing or the merits, I'm certain that there was a battle. Even if they do rule on standing, I'd assume the more liberal side of the Court fought that tooth and nail.

    Posted by: Liam | Jun 24, 2013 11:14:54 AM

  23. Kyle,but the catch is with the AA case there were valid concerns about her being the right choice from the start.
    From everything that has come out about her,she most likely would have been denied anyway,regardless of AA or not.

    Posted by: Kevin | Jun 24, 2013 11:15:43 AM

  24. If you want to talk about timing, the Fisher opinion that Kyle references was argued in October. The vote on that was 7-1. My guess is that the original thinking may have been to overrule current precedent as Kyle points out, but the liberal wing got the other conservatives to back off. Thomas's claim of a punt was in reality a decision not to overturn prior precedent and basically eliminate affirmative action. Seems pretty substantive to me.

    Posted by: Liam | Jun 24, 2013 11:22:21 AM

  25. I like to think that it is Scalia skulking in his boudoir, rewriting a nasty bitter dissent, and making every effort to drag out the process as long as possible in order to avoid giving gays even one more day of equality under the law. One can always hope.

    Posted by: candideinnc | Jun 24, 2013 11:34:33 AM

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