Daily Archives: June 23, 2013

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How tomorrow’s same-sex cases may play out in the Supreme Court

Predicting what might happen tomorrow at the Supreme Court in Hollingsworth v. Perry is more difficult than with National Federation of Independent Business v. Sebelius (health care reform).

The Supreme Court would uphold the individual mandate or it would strike it down. The how and why mattered (I correctly predicted that the insurance mandate would be upheld as a tax), but the potential outcomes were few even after the cases were consolidated.

First a little history which will partially explain why there are so many possible outcomes.

Proposition 8 was a voter-passed initiative that defined marriage as a union of a man and a woman that was immediately subjected to lawsuits by same-sex couples and civil liberties advocates. The law was defended by ProtectMarriage.com and Campaign for California Families because the state of California believed the proposition was unconstitutional and refused to defend it themselves.

A federal district court in California struck down Prop 8 on June 16, 2010, finding that that marriage is not a matter of religion because of entanglement with government and the segregation of legal rights, that the state of California had no compelling interest (very important) in banning same-sex marriage.

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NSA whistle blower Snowden left Hong Kong for Russia

National Security whistle blower Edward Snowden left Hong Kong today and reportedly met with an Ecuador ambassador at an airport in Moscow to seek asylum. I’ve yet to see anything concrete, but the feeling is that Hong Kong let Snowden leave because they weren’t going to extradite him to the United States.

Ecuador’s extradition treaty with the United States doesn’t cover political crimes.

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