http://www.cnn.com/2012/02/07/justice/california-proposition-8/index.html?hpt=hp_c2
I thought this was really interesting, because it relates to Ch. 3 and how the court system in the US works in reference to appeals.
I thought this was really interesting, because it relates to Ch. 3 and how the court system in the US works in reference to appeals.
I know some people are not expecting this case to make it to the U.S. Supreme Court, nevertheless, the people against Prop 8 is shooting for that. Does anyone think it will make it to the Supreme Court? If so what would that mean for the rest of the country?
ReplyDeleteI think that this definitely ties in to what are text book talks about setting a precedent for other courts. If The case can be successful in California, it will leave a major precedent on the rest of the country. It definitely seems that once a case can have major success in a popular state, precedent usually follows around the rest of the country
DeleteI believe that the case will make it to the Supreme Court, however, will the Supreme Court agree or disagree to hear the case? Because of the nature of Prop 8 and the narrow ruling that was made in California, the Supreme Court will most likely deny to hear the case. In addition, because of the composition of the Supreme Court (4 Conservatives, 4 Liberals, and Kennedy as the potential swing vote), we cannot be sure which way Kennedy will vote at the present time.
ReplyDeleteProvided that the Supreme Court does not hear the case, there would not be much of an effect across the country. I think that the ruling made in California will have more of an effect on a national scale. When the issue arises in other states, they will hopefully look to the precedent of the California ruling because the ban on gay marriage was ruled as unconstitutional.
I think that Prop 8 will definitely make it to Supreme Court based on the fact of the huge upset it caused for many people that were for Prop 8. If Prop 8 goes to Supreme court and does not succeed I think major attention will be brought on same sex marriages in other states. People in the U.S. follow in heavy trends and base a lot of decisions on what other states are doing. In this case, being California who turned away Prop 8 I feel that other states will in a sense say, if they can do it why can't we. Should be interesting to see what happens next.
ReplyDeleteI think despite Prop. 8, legalizing gay marriage in California the first time set a precedent for other state courts to rule on the matter. Look how many states have already legalized gay marriage following California's original ruling. Prop.8 set it back but that didn't stop other states. Now with Prop.8 declared unconstitutional, we'll probably see even more states ruling on the matter and following California's precedent.
ReplyDelete