@rickhasen Your Prop8 prediction assumes that Kennedy, J. was one of the votes to grant cert in order to permit a DIG, I'm assuming?
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@AnthonyMKreis Not necessarily. -
@rickhasen I thought a DIG requires 1 of the justices who voted for cert to vote to DIG, requiring AMK or a liberal to have voted for cert. -
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@AnthonyMKreis As I understand it Court does not always stick with this unwritten rule.
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@rickhasen what rationale do you predict for DOMA? -
@MikeSacksHP What is J. Kennedy eating for breakfast that day? -
@rickhasen He eats Federalism for breakfast every day. -
@MikeSacksHP well then that tells you something.
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@rickhasen Fisher 4-1-3 (Kagan recused)? -
@morfaleji yes. fixed. thanks. - End of conversation
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