Oral arguments in the Prop 8 case were scheduled to start at 10 a.m. ET and last one hour. TPM’s Sahil Kapur is in attendance. Look for his report shortly after the proceedings conclude.
Late Update: SCOTUSblog tweets:
Breaking: 1st update- #prop8 unlikely to be upheld; either struck down or #scotus won’t decide case. More in 30 mins.
— SCOTUSblog (@SCOTUSblog) March 26, 2013
There’s a complicated standing issue in the Prop 8 case, which doesn’t bear directly on the underlying merits of the case. A lot of speculation about whether the court would focus on that and avoid the merits.* Consensus seemed to be the court wouldn’t punt on the merits. But this suggests the standing issue is getting their attention. Similar tweet from Reuters:
Developing: Roberts says California #prop8 case may not reach central issue of right to marry for gays: live coverage reut.rs/scotus1
— Reuters Top News (@Reuters) March 26, 2013
All the usual caveats about oral arguments not necessarily being reflective of ultimate decision in the case. Double that for partial accounts of partial oral arguments.
Later Update:
Bloomberg reports that Justice Anthony Kennedy raised the issue of the children of same-sex couples:
Justice Kennedy suggests children of same-sex couples suffer “immediate legal injury” from California’s ban | bloom.bg/16eSsvn
— Bloomberg News (@BloombergNews) March 26, 2013
Later Yet: Justice Kennedy seems to have latched on to the standing argument, too:
Breaking: key vote Kennedy VERY uncomfortable striking down #prop8. Suggests dismissing case. Would leave in place 9th Cir pro-#ssm ruling.
— SCOTUSblog (@SCOTUSblog) March 26, 2013
Still Later: The early takeaway from SCOTUSblog:
There are not 5 votes to strike down #prop8 and recognize equal right to #ssm at this time
— SCOTUSblog (@SCOTUSblog) March 26, 2013
*When accepting the case, the court specifically instructed the parties to address the standing issue.
