SCOTUS Reportedly Grants Cert in Perry v. Hollingsworth (PropHate)

While I’m still trying to get official confirmation from the U.S. Supreme Court, the National Center for Lesbian Rights and the Prop 8 Trial Tracker are reporting that SCOTUS has granted cert in both Perry v. Hollingsworth (the federal challenge to Prop Hate) and USA v. Windsor (the 2nd Cir. challenge to DOMA, where the federal “defense” of the law is being led by the GOP in Congress, rather than the DOJ, which concedes it is unconstitutional).

I have a hard time seeing this as good news given the current ideological makeup of the Roberts court.  About the only potential bright spot is that the Court has added a question to be addressed on appeal in both cases–i.e. whether the non-governmental “defenders” of Prop8 and DOMA have standing under Article III’s “case and controversy” requirement to maintain the case.

If the Court rules against the defenders on the standing issue, it doesn’t need to reach any other issues.  However, if it finds they have standing this could be eight levels of ugly.

I hope and pray I’m wrong on this one.


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