On the last day of the its term the Supreme Court today handed twin victories to the cause of marriage equality.
If there was an empty seat in the courtroom I couldn’t see it.
Justice Kennedy had the first opinion, U.S. v Windsor, in which the Court found the Defense of Marriage Act unconstitutional.And of course Justice Scalia read a lenghty dissent.
The second victory for same-sex marriage was by default in an opinion by Chief Justice Roberts where the Court found that the petitioners in support of California’s Proposition 8 lacked standing, thereby allowing the lower court’s ruling to stand.
A 5-4 divided Court today struck down a key section of the 1965 Voting Rights Act, effectively putting the burden on victims of voter descrimination to seek relief. Chief Justice Roberts wrote for a majority that included Justices Thomas, Scalia, Kennedy and Alito.In a dissenting opinion joined by Justices Sotomayor, Breyer and Kagan, Justice Ginsburg wrote, “Hubris is a fit word for today’s demolition of the Voting Rights Act”.
Lyle Denniston’s take on the opinion is here.
On the first day of what promises to be a steamy week in Washington, at least outside the Supreme Court building, the Court announced its opinion in a long awaited affirmative action case, Fisher v. University of Texas. When the case was argued back in October it appeared that the University’s use of race as an admissions factor might be struck down.Instead, in an opinion by Justice Kennedy, the Court said such programs must meet the test of “strict scrutiny” as well as being“narrowly tailored”.
Surprisingly, for a case argued at the beginning of the term, there was but one dissenter in the 7-1 decision (Justice Kagan took no part), Justice Ginsburg.
“The Court rightly declines to cast off the equal protection framework …”, writes Ginsburg. “Yet it stops short of reaching the conclusion that (it) warrants.”
Justice Alito took a sip from his coffee cup.
For a day without a real blockbuster it turned out to be an unusually busy one for me.
Among the Supreme Court decisions today was one that overturned an Arizona law requiring proof of citizenship in order to register to vote. In an opinion announced by Justice Scalia the Court found that the federal Motor Voter law preempts Arizona’s law.
In another opinion, this one from Justice Alito, the Court said that if you want to preserve your right to remain silent you’ve got to speak up.
I also finished a couple sketches I had started earlier, the Great Hall . . . . . . . and General Suter, the Clerk of the Court, calling up admissions to the bar.
Camera crews set up by the Supreme Court plaza on a steamy morning with thunderstorms, and even a possible derecho, forecast. Also in the forecast was the possibility of a major decision in one of the remaining twenty-three cases argued earlier in the term.
The Court did not dissapoint the court-watchers, delivering a far reaching opinion on the patenting of natural genes. In his opinion for the Court in Association for Molecular Pathology v. Myriad Genetics Justice Thomas said, “Myriad did not create anything.” However the Court also found that a synthetic version of the gene created by Myriad was patentable.
There now remain nineteen undecided cases.