Livewire

SCOTUSblog: Kennedy ‘Uncomfortable Striking Down Prop 8’

by Igor Bobic

03.26.13 | 7:12 am

U.S. Supreme Court Justice Anthony Kennedy presides over arguments at "The Trial of Hamlet," a Shakespeare Center of Los Angeles representation of Hamlet's trial with a jury of 12 community members, including actors,... U.S. Supreme Court Justice Anthony Kennedy presides over arguments at "The Trial of Hamlet," a Shakespeare Center of Los Angeles representation of Hamlet's trial with a jury of 12 community members, including actors, high school students, philanthropists and Los Angeles dignitaries at the University of Southern California Bovard Auditorium in Los Angeles on Monday, Jan. 31, 2011. (AP Photo/Damian Dovarganes) MORE LESS

In a second update to Tuesday’s Supreme Court oral arguments concerning California’s Proposition 8, the esteemed court-watching website SCOTUSblog announced on Twitter that Justice Anthony Kennedy, considered a swing vote on the issue, was “VERY uncomfortable striking down” the same-sex marriage ban:

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

SCOTUSblog also speculates that, as of this moment, Prop 8 would likely be upheld:

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

— SCOTUSblog (@SCOTUSblog) March 26, 2013

Send Tips

Igor Bobic Igor Bobic is the assistant editor of Talking Points Memo, helping oversee the site's coverage of politics and policy in Washington. While originally from Bosnia and Herzegovina, Igor feels best at home on the beaches of Southern California. He can be reached at igor@talkingpointsmemo.com.

SCOTUSblog: Kennedy ‘Uncomfortable Striking Down Prop 8’

Start the discussion at forums.talkingpointsmemo.com