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.


  1. Ryan says

    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.

  2. Jack M says

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

  3. Kevin says

    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.

  4. Mike Ryan says

    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.

  5. Boston says

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

  6. Kyle says

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

  7. Anthony says

    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.

  8. ripper says

    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.

  9. Josh says

    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.

  10. Liam says

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

  11. Liam says

    @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.

  12. David Hearne says

    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.

  13. Bryan says

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

  14. ATLJason says

    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.

  15. Profe Sancho Panza says

    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.

  16. Kyle says

    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.

  17. Jesse says

    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.

  18. Liam says

    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.

  19. Kevin says

    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.

  20. Liam says

    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.

  21. candideinnc says

    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.

  22. Kyle says

    The Atlantic: “Supreme Court’s Affirmative Action Punt Is a Half-Decision in a Longer Fight”

  23. says

    Now I am truly on edge,….and all your comments are driving me over !
    I do not feel at all confident……
    Looks like another 24 hours to go…….
    But if we lose, if we don’t get a positive supporting judgement on our entitlement to absolute equality then it’s open season on activism…….not just riots and demonstrations but selecting candidates for the election in 2014.

  24. Disappointed says

    Contrary to the commenters’ beliefs here, the Supreme Court has other important cases before it besides Prop 8 and DOMA. It also issued two anti-equality decisions today that this blog does not mention, about discrimination under Title VII. The myopic focus on Prop 8 and DOMA is disappointing. Keep in mind, though, that Title VII already is starting to be applied to trans discrimination, and ENDA would likely be interpreted the same way. Perhaps you should pay attention to other civil rights cases, not just same-sex marriage.

  25. ripper says

    You can post all the headlines you want, Kyle, but you’re still speculating with regard to DOMA and Prop 8 cases.

  26. Rich says

    There are only nine people who are NOT speculating on the outcome of the Prop 8 and DOMA cases, and they’re not going to talk until they are ready.

    To us, the case may be simple [What part of equal protection don’t they understand?] But a ruling on the merits implicitly accepts the legitimacy of the chains of cases that brought the matter(s) to SCOTUS. Perhaps they can say “We shouldn’t have been asked, but since we were, here’s how it shakes out.”

    If they don’t have that option, a favorable ruling might give every wingnut standing to sue us in Federal court.

  27. TJ says

    Oh, you mean their decision which could unleash national gay bashing, or the other one?