Reply #64: Agreed on marriage equality. [View All]

Re: "sneak past": an interesting point someone made in another thread - if the SC rules that the ballot measures passed by various states against marriage equality and same-sex adoption violate the 14th Amendment, they would essentially be automatically repealed.

My response was that we're (theoretically) four SC justice appointments away (including Souter's replacement) from that being a possibility, the first three replacing judges already potentially sympathetic to doing so, and the fourth being the replacement for Scalia, Alito, or Thomas, most likely.

Not the best of solutions, of course, and certainly not a short-term one, but that's the kind of item that might have to eventually "sneak past" the usual processes in order to be accomplished, at least from an all-50-states perspective.