Tuesday, December 11, 2012
Writing in the New Republic today, Jeffrey Rosen focuses on the presumably central role Justice Anthony Kennedy (pictured) will play in the ultimate decision on the two same-sex marriage cases granted certiorari last Friday.
Regarding precedent, Rosen writes:
Moreover, regardless of what Roberts thinks of Kennedy’s opinions in Romer and Lawrence, they’ve been on the books for years and it’s impossible to uphold DOMA or Prop 8 without also overturning Kennedy’s holding that preserving tradition for its own sake isn’t a permissible basis for laws that discriminate against gays and lesbians.
Rosen's is only one of the tidal wave of commentators who have proffered predictions and analysis. An excellent collection is in Monday's SCOTUSBlog round-up by Marissa Miller.