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I believe we typically use the terms "affirms" or "upholds." Joel Send a noteboard - 19/10/2012 12:23:50 AM
Perhaps it is only semantics, but "adheres" feels like it puts the cart before the horse, while "affirms" maintains the inferior courts status AS inferior to the SCOTUS. Technically none of the terms should apply unless the SCOTUS 1) decides to hear an appeal and 2) affirms the lower courts ruling. It could, of course, rule for the plaintiff on a completely different basis than the lower court(s) did. It seems the latest ruling did just that; a lower court had already ruled for the plaintiff, but Congress wanted to weigh in with an amicus curiae and could not without an appeal, so the DoJ filed one even though it agreed with the previous ruling. The SCOTUS could just as easily refuse to hear an appeal; either way this ruling would stand WITHOUT affirmation as a SCOTUS precedent.
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2nd Circuit rules in favor of Edith Windsor. DOMA unconstitutional. - 18/10/2012 08:37:12 PM 1114 Views
An excellent ruling. Thanks for the post. *NM* - 18/10/2012 08:47:54 PM 330 Views
Oh, and they addressed the First Circuit's argument: - 18/10/2012 08:54:47 PM 893 Views
I always knew that DomA guy was bad news. - 18/10/2012 09:05:13 PM 636 Views
Also, hooray! Let's hope SCOTUS adheres (if you use that term over there). *NM* - 18/10/2012 10:59:14 PM 327 Views
I believe we typically use the terms "affirms" or "upholds." - 19/10/2012 12:23:50 AM 799 Views
As it should be; the DoMA was always a brazen affront to the Equal Protection Clause - 19/10/2012 12:06:13 AM 888 Views
Not really - 19/10/2012 02:16:04 PM 795 Views
Not quite - 19/10/2012 02:56:56 PM 686 Views
Yes, really, for "any CONSTITUTIONALLY PROTECTED RIGHT." - 19/10/2012 03:12:11 PM 762 Views
joel, please stop - 19/10/2012 05:42:51 PM 749 Views
That's such a stupid, puerile argument. - 19/10/2012 03:47:26 PM 765 Views
Not the best analogy, though I agree with the sentiment. - 19/10/2012 04:10:11 PM 697 Views
Then by the "legal argument" you all propose I should have the "right" to marry a spoon... - 19/10/2012 05:48:32 PM 716 Views
if your spoon or dog is capable of making power of attorney decisions then by all means do so *NM* - 19/10/2012 06:41:43 PM 325 Views
How about I "marry" a corporation then. THAT is how stupid the entire arguement is. *NM* - 19/10/2012 07:25:13 PM 324 Views
Another good example of how corporations aren't the same as people. *NM* - 19/10/2012 10:07:32 PM 330 Views
Would you be the bride? Would you wear white? - 20/10/2012 07:58:52 PM 680 Views
You have obviously not read my posts very carefully - 22/10/2012 04:23:22 PM 644 Views
Ah, the "I have Gay Friends" argument. - 22/10/2012 09:33:41 PM 669 Views
It was only a matter of time. - 19/10/2012 02:49:21 PM 723 Views
I do not understand why fundamentalists demand government dictate religion. - 19/10/2012 03:22:54 PM 891 Views
Which is why the entire method of legal attack being mounted is dumb. - 19/10/2012 05:53:12 PM 800 Views
the only ones forcing their beliefs down everyone's throats are people like yourself - 19/10/2012 06:44:57 PM 772 Views
There is no right being denied... - 19/10/2012 07:22:24 PM 728 Views
No? - 19/10/2012 11:34:36 PM 695 Views
Really - 22/10/2012 04:29:38 PM 706 Views
You are making one, huge factual mistake that is screwing up your entire argument: - 20/10/2012 11:00:28 PM 752 Views
Nope I am not - 22/10/2012 04:34:59 PM 687 Views
That is just it: Most US marriage laws are already areligious. - 23/10/2012 05:08:38 PM 709 Views
Yes, the laws are 100% secular... - 23/10/2012 07:01:08 PM 668 Views

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