CNN legal analyst Jeffrey Toobin : ‘DOMA is in trouble’

[srican69]

Source: CNN

After attending oral arguments about the Defense of Marriage Act (DOMA) at the U.S. Supreme Court on Wednesday, CNN legal analyst Jeffrey Toobin came to the conclusion that the federal government’s ban on same sex marriage “is in trouble.”

Speaking to CNN cameras outside the court, Toobin noted that the justices “are obviously very deeply split, but I think DOMA is in trouble.”

“And I think it’s in trouble because [Justice] Anthony Kennedy was repeatedly concerned that the Defense of Marriage Act violates states’ rights,” the CNN analyst explained. “Anthony Kennedy, who is as we all know the swing vote this court, is someone who is concerned about gay rights.”

“He was clearly very concerned that the Defense of Marriage Act was invading the province of the states to define marriage. That’s a state function usually. And that would certainly be suggesting that he was going to strike down the law. And certainly the other liberals — the four Democratic appointees looked like they were going to vote to strike it down.”

Read more: http://www.rawstory.com/rs/2013/03/27/cnn-legal-analyst-jeffrey-toobin-doma-is-in-trouble/

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Wasnt he the same guy who said ACA was in trouble?

[Richardo]

1. Toobin's good.

[Richardo]

2. Reading just that excerpt, it would seem that Kennedy would strike DOMA but keep Prop 8.

[truedelphi]

11. Ew. That would be creepy. n/t

[Myrina]

3. Will they issue their opinion shortly, or does it have to wait until May like the other(s)?

[sharp_stick]

6. It will likely be when they publish the rest

of the rulings in May or June.

[CreekDog]

4. But ACA *was* in trouble

remember, it was the surprise vote, apparently, upon reconsideration, of John Roberts that upheld ACA.

at the close of arguments, ACA was clearly in trouble.

[sharp_stick]

5. Toobin lost all credibility

last year.

Anybody remember this little gem from March 28, 2012?

"Anyway, on Tuesday, Toobin emerged from behind the Supreme Court’s marble pillars and announced his ruling on Obamacare: It is dead. “This was a train wreck for the Obama administration,” he said on CNN of the second and most important day of oral arguments over the constitutionality of the health insurance mandate. “This law looks like it’s going to be struck down.”

http://www.businessweek.com/articles/2012-03-28/obamacare-day-3-the-toobin-factor

I'll believe this years prognostication in June when they publish the ruling.

[obama2terms]

7. I hope he's right

But I'm not pulling out the champagne until June.

[Swede Atlanta]

8. My expectation is the Court will dodge the ball on Prop 8 and strike down DOMA

I think the conservative majority on the court is very nervous about issuing a decision on the Prop 8 case. If they were to uphold the decision of the 9th Circuit Court of Appeals (en banc) which was narrower than the broad holding of the District Court (substantive Due Process and Equal Protection under the 14th Amendment), they would in essence be saying that any state whose voters have amended their state constitutions to define marriage as between one man and one woman has violated the U.S. Constitution. I think they are looking for a way out of that bright-line decision and will probably either decide this narrowly to the California situation where you have some same gender marriages valid (performed between the state Supreme Court holding same gender marriages cannot be barred) and Prop 8 effective without providing the same access to marriage to other same gender couples OR they will hold the party challenging the Appeals decision lacks standing and as such lacks standing before the Supreme Court.

On the other hand I think the Court may edge toward recognizing the validity of same gender marriage by invalidating DOMA. This is really an issue of states' rights. If they invalidate DOMA they in essence turn this issue over to the states without deciding the underlying legal issue, are state bans (statutory or state constitutional) on same gender marriage violations of the U.S. Constitution.

This may be a way for them to kick the substantive decision to another day.

[AustinSanders]

9. Interesting....

Interesting....

[PolitFreak]

10. He also said that O.J. Simpson would be convicted of murder

The night before!