SCOTUS Bans Broadcast of Proposition 8 Trial

More or less agreeing with Ed Whelan, a divided Supreme Court upheld its temporary ban on any broadcast of the Proposition 8 trial before ND CA Judge Vaughn Walker.

You can read the opinion here and Scotusblog's roundup here.

The per curiam opinion was joined by Chief Justice Roberts and Justices Scalia, Kennedy, Thomas and Alito.

A very sharp dissent by Justice Breyer was joined by Justices Sotomayor, Stevens and Ginsburg.

It strikes me as a highly unusual and ideologically-driven opinion, not unlike Bush v. Gore.

Indeed, I would say this does not bode well at all for same-sex advocates if and when this case hits the Supremes on the merits.

Ted Olsen will have his hands full.


  1. Smells Like Teen Scalia.

  2. I'm an optimist. I think the case for ending this discrimination is so powerful, even the crusty, moldy, putrid decay on the right will have to relent.

    But like all sane optimists, I'm ready to be disappointed.

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