once again
share our foreign are stalwarts associate producer
law school graduate
and uh...
constitutional supreme court
this kings and queens of america reporter for the targeted his service
went into the lion's den today author the kings and queens i guess i'm
digester
well order bombay our the court reporter
it's
so it does is alway so yes did today yesterday was um... there was california
prop eight and uh... i think there's a pair of a broad consensus to share with
us first hear him but it it seems to have echoed through the
through the media
uh... chamber over that
the last twenty four hours in all probability they're gonna city
california
uh... you know if jerry brown is one of the from the spying right if the
governor doesn't want to defend that uh... we're going to be yeah
but it's all you need
for california california loan and other states you can do what you'd like to do
a richer will deal with this later yet and i think it's probably a very
reasonable prediction
but what's really interesting here or is there's almost an analogy is there not
at the inasmuch as
the defense of marriage act just like jerry brown didn't wanna defend
proposition eight before the supreme court in the end of the attorney gerald
as a californian water defend propping it's a spirit before its record
president obama does worry
the you know defend al-mahdi for the supreme court and neither does attorney
general eric holder right and so they're being nobody defended john bainer went
out and said that god may have terrorized by republicans in the house
represents are gonna take some taxpayer dollars
and hire some private lawyers amrita create this organization called back
plant back is going to argue this thing before the supreme court and we're gonna
argue that we are going to be harmed a if gay people can get married oh my god
go ahead they're right you had i write in blank itself is not
the ability to house to form these committees
is not in a statute anywhere they put it in the house rules
sellick
gas and oil spill statutory authority for this this was question before the
court so it was like
of the constitutional rule-making authority but thats
to run the house that's inside the house represents
you can use your rule making a four authority
to work on things outside of the house like the supreme court right
but what do you watch across the strait but
but they came back and said well you-know-who states have done this
uh... they state legislatures in other cases of thomas in on top of that there
was a
and in no but isn't all that part of it today
house resolution five
uh... passed the house which authorized belied by the whole house represents by
majority vote
to represent them before the supreme court in this case but did it have uh...
funding associate with
i don't have read that the text on it
but i i i have heard stories and it has been reported at his house money that is
going to pay for these attorneys yeah
service please forgive my bet imitation of a of
so that sure from the sixties but when
white knights
every now and then those all tha
mel gibson
herb brooks mood
uh... the
is so so the that though at the bottom line for what happened today there's a
standing issue just like there was yesterday and and then there is
militants the merits of the case so understanding
skinny was that they have seen set aside fifty minutes
first indian because nobody
all the parties
there was no disagreement but they all agree there was tourist action so they
had to appoint somebody even come in and argue against jurisdiction
of all things so none of the parties argues against recession united states
government young president regional so there is jurisdiction
blankets said there is jurisdiction windsor said there was jurisdiction the
court said are not so sure the stress texas where someone else can argue it
and that was fifty minutes and
at a time when i was reading about this uh... a lot of the punditry didn't
really think e abyss danny was gonna be a big issue but
the spring quarter of a sleeping sickness
really brought it up they want to argue are far more
yesterday about it well and and also this gives them another escape hatch
although i don't think thirty it
it just seems illogical not to the supreme court so is logical but there
are hundreds of doma cases to choose from
that they want to be here dominate really wanted to rule out doma
why would they pick this one instead of the of their
ninety nine or more
cases maybe is this one has such blaring
the interest issue all
uh... but he sees if they do kick it
on the basis of standing
they really haven't decided he any merits all it will do is is c
double will stay on the books
the second circuits opinion would be that it's unconstitutional but the other
circuits can go their own way
uh... so it doesn't solve
or insert any questions whether that's and that's my best my point is why i
decision had for example he if they're trying to avoid that think that uh...
john roberts did this with uh... cobol iqr
they're trying to avoid a roe v_ wade abroad keyboard
right on the
bumper as citizens united
abortion kore
will come out of that sooner
yeah right uh... that the other two the try to avoid a about you know a
significant decision a defining the definitional decision
and then they know that if they can just take the stand on the road for a couple
years dome is going to go away
you know if there's no way this thing is collapsed
uh... you know uh... even adecco what unlike
taking down the road yesterday
more and more states yes will attack the same sex marriage but double won't go
away
unless congress repealed it was like why are versus going to have to repeal
they're they're great you know they they just uh... that the pressure is going to
get so great i mean you've got it when you get a half a dozen or a dozen states
just like
here we have to stay started legalize marijuana
and you know you get eight ten twelve fourteen sixteen states that have
decriminalize pot right program it's going to have to reschedule pot
and and i think the same thing with with gay marriage here at the uh... you get
out of state say we recognize the marriage the i_r_s_ is gonna have to say
you know we gotta do something
and the republican party is gonna have to say we're going to do something
entrance pretty strong around on we're gonna rain brand the party workers
reconstruct
well they may be
maybe this will be a good thing after all but than what concerns me is
actually do turn into a roe v_ weights situation
in that each state has to decide
so now they have
fifty different battle grounds on which to fight same sex marriage with the
terrible argument they put forwarded fundraise unni but they're starting to
lose badly i understand that they might still have those bork states like
alabama and mississippi in decades and decades to come
yeah this is sort of the argument said that you know ultimately led to loving
versus virginia fair
uh... but
they don't bug and even that would have been you give actually in virginia were
to come around although you can
well anyway were worked u_n_ radius is if we're on the supreme court without
so
uh... i i'm eric set on the merits of the blanket
came for defending dhalla saying
of the reason for this case it didn't really get into the social issues
was interesting of those in the papers it was in in the argument be today
uh... the supreme court pretty would was going to
say it
was even considered even because the federal government the
all right said doesn't have any of those interests as the state super cell
the argument was uniformity that the
uh... federal government uniformly across the states no matter what the
states to
in terms of enforcing the federal audio legal just so we don't made a compelling
hypothetical are towards this and which can which will tell the story a little
better
um...
what if you have three couples military couples
same sex same sex
um...
couples
and their 'em mairead
one in this state the recognizes marriage
one that recognizes civil unions and one that doesn't recognize
uh... in one of those
military people gets injured
you have three different outcomes as to who welch two different outcomes one of
them in the same sex state
would be able to visit their personnel spoke the other two wouldn't
so that they would be treated actually unequally
because the federal law
would look to states definitions of marriage
rather than that the and that's about as the question should there be a federal
commission of marriage
right in in but uil many because said no they should not be
that the federal government is not this doctor death cert tax purposes weekly
tax married people differently so there has to be some sort of federal
definition or at least i like federal knowledge but at the state staff while
they could do something that doesn't use the word marriage intact justice alito
suggested this many times why do we not contact with his redefined it altogether
usually take mary dot of that
although we would need as eleven thousand i think it was in the number
mentioned difference if you include all state laws it's eleven hundred and in
the federal federal ephedra vote of different laws that have to change
so he just he'll find replace all
right we'll take a lot of work by congress and they're not
and congressman clay do that in downtown rapidly and i got overturned on
automatic so it looks like on the merits domains to post
italy was a
i think probably five to six
private for
probably kennedy's joining the locals robert
that wouldn't surprise me
period specially people products and so it came
quiz miguel
shelf are
uh... we'll be back with more
this is the comma hartman program
and flag
three-year samhain why is this not the big media story that shows that the
pacific
that we have to have the lag