@chrisgeidner But if DOMA fails on federalism (marriage=state issue), then does Prop 8 stand?
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@chrisgeidner Makes sense. I still think they'll deem EP issues unavoidable, at least in concurrences. > 5.5 opinions in Perry. -
@adambonin Right. I still think the most likely outcome is a Kennedy opinion applying Lawrence and finding federalism a "flag" for rat b +. -
@chrisgeidner "rat b"? Somehow we're getting a heightened standard of review out of this pair. I hope. -
@adambonin "rational basis plus" ... sorry, ran out of characters. -
@chrisgeidner I do like rational-plus; easy to find animus on DOMA, a little harder to discern whose motive counts for ballot prop.
End of conversation
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@chrisgeidner Yep. I'm hoping that's the way they go.Thanks. Twitter will use this to make your timeline better. UndoUndo
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