Conservatives got the best Prop 8 Decision they could get, which was still a loss (Hooray)

[cthulu2016]

11. She did not vote that Prop 8 had standing

She voted that the people who initiated the law suit had standing -- that the Supreme Court COULD decide the Prop 8 case.

And that vote cannot be reasonably construed as a vote for or against Prop 8. (Des anyone think that Scalia and Thomas disagree on the merits of Prop 8)

If there had been a 6-3 decision that the Supreme Court DID have to decide then the next step would have been a decision with different votes.

For instance, Scalia would not have voted against Prop 8 as a law, even though he DID vote against deciding it.

So the idea that Sotamayor would have voted in favor of Prop 8 ON ITS MERITS if the court were to decide the case (rather than decline to decide anything) is kind of a slander.