Anthony Kennedy wonders if SCOTUS should rule on Proposition 8

d2d3mf Anthony Kennedy wonders if SCOTUS should rule on Proposition 8

Anthony Kennedy, the Supreme Court justice widely considered to be the swing vote on the forthcoming decision on Proposition 8, wondered during Tuesday’s oral arguments whether the Court should have agreed to hear the case in the first place.“I just wonder if the case was properly granted,” he said, referring to the Court’s decision to take up the case. Kennedy noted that the case takes the Court into “uncharted waters,” and twice asked if the justices should decline to rule.For Supreme Court watchers, Kennedy is the closest thing to a bellwether for how the case will be decided, inasmuch as the Court’s decision can be predicted at all. Lyle Denniston of SCOTUSBlog lays out some of the potential implications of a decision by the Court not to rule on the merits of the case:Continue Reading…

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Anthony Kennedy wonders if SCOTUS should rule on Proposition 8

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