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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsI wonder why Sotomayor dissented on the Prop 8 case
that's sort of surprising.
geek tragedy
(68,868 posts)closeupready
(29,503 posts)morningfog
(18,115 posts)JustAnotherGen
(32,353 posts)Shrek
(4,000 posts)When deciding issues like standing, I doubt ideology has much to do with it.
geek tragedy
(68,868 posts)Fewer pesky lawsuits against corporations that way.
elleng
(132,367 posts)which is very important, when talking legal matters.
cthulu2016
(10,960 posts)Recursion
(56,582 posts)X_Digger
(18,585 posts)Bluenorthwest
(45,319 posts)I expected her to vote against us totally. She's very religious and says so, she is very much in love with Sonia's thoughts and Sonia's opinions. I do not care for Sotomayor as a person at all. Blech.
justiceischeap
(14,040 posts)kestrel91316
(51,666 posts)frazzled
(18,402 posts)She voted to decide the case on the merits. Even the two women in this case, just interviewed on MSNBC, said they were disappointed only that the case had not been decided on the merits ... Because that would have meant that ALL bans on same sex marriage in 37 states that don't allow it would be deemed unconstitutional, rather than just CA.
The "no standing" verdict was a lesser ruling.
Sotomayor was brave.
PoliticAverse
(26,366 posts)KamaAina
(78,249 posts)She voted right on DOMA and wrong on Prop H8.
morningfog
(18,115 posts)She found standing, which is not the same as supporting Prop 8.
KamaAina
(78,249 posts)Where would we be? Waiting for a ruling on the merits next term, with no guarantee of success? (Although Kennedy doing the right thing on DOMA would certainly point that way.)
morningfog
(18,115 posts)We would have had an opinion today on the merits of Judge Walker's opinion. I think it would have been a good one, too. Walker's went further than the DOMA's case.
morningfog
(18,115 posts)There was an "pro-standing" minority. THat is a huge difference.
Drunken Irishman
(34,857 posts)Since she often says she is against gay people, I assume you have an abundance of quotes proving this?
frazzled
(18,402 posts)How do you explain her vote to strike down DOMA?
How do you explain her famous takedown of the Prop 8 proponent lawyer in the arguments in that case earlier this year? (See http://www.huffingtonpost.com/2013/03/27/sonia-sotomayor-gay-marriage_n_2965105.html )
The Justices did not divide ideologically on the Prop 8 case: it was about whether it should be rejected for no standing (which Scalia and Roberts joined in on) or decided actively, on the merits.
If you want to call Sotomayor homophobic, I would (just as illogically perhaps) have to call you out as prejudiced against Latinas.
Renew Deal
(81,962 posts)It's so obvious. Why don't you people get it?
Do I really need a sarcasm tag?
RudynJack
(1,044 posts)That's bullshit.
Renew Deal
(81,962 posts)msanthrope
(37,549 posts)Skinner
(63,645 posts)"She has often suggested she is not much in favor of gay people or our rights"
Thank you.
CreekDog
(46,192 posts)rurallib
(62,592 posts)have to wait for the opinions - but one side said no standing and it dropped back to the last decision of the Calif. Supreme Court - Prop 8 illegal.
The other side appear to have wanted it decided on merit and surely a couple of them - I think Sotomayer and Kennedy - may have voted to strike it down
justiceischeap
(14,040 posts)RudynJack
(1,044 posts)with remanding it on standing grounds.
justiceischeap
(14,040 posts)DID have the right to rule on it?
RudynJack
(1,044 posts)dissenting opinion, but I would say yes, that's the presumption. The opinion and dissent did not discuss the merits - they discussed the issue of standing.
morningfog
(18,115 posts)She wanted to rule on the merits.
malthaussen
(17,317 posts)I'm further guessing she expected that the ruling would be against the plaintiff, thus making a stronger statement than dropping the case for lack of standing. Given the DOMA vote, it is reasonable to think the Prop 8 vote would have resulted in another snappy 5-4 ruling.
-- Mal
sweetloukillbot
(11,439 posts)Wasn't Kennedy pretty hostile towards the Prop. 8 case? I think if they voted on merits it would've been 5-4 against, Conservative vs. Liberals.
BainsBane
(53,180 posts)to challenge constitutionality. That was the legal issue they decided on. You should be able to find the dissent posted on SCOTUS blog in a while so you can read it.
JW2020
(169 posts)justiceischeap
(14,040 posts)Puzzledtraveller
(5,937 posts)pnwmom
(109,068 posts)onenote
(43,302 posts)Did you give any thought to what you posted? Did you consider, for example, that two RC justices (Roberts and Scalia) were on the other side of Sotomayor on the standing issue?
RudynJack
(1,044 posts)overturn Roe v Wade?
I don't know why it's so hard to understand - she never said a word about the merits of Prop 8. She simply didn't want to dismiss on standing.
Renew Deal
(81,962 posts)And she supported the DOMA case.
Any other guesses?
elleng
(132,367 posts)dsc
(52,212 posts)The majority said that in order to defend the initiative you have to be an agent of the state. The dissent said that the state supreme court should be able to decide who will defend the initiative in court. The majority decision means that if a state refuses to defend a law in federal court there is no remedy for those who want to see the law defended.
dbackjon
(6,578 posts)Is troubling overall.