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How Would John Roberts Rule On Gay Marriage Cases?
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| Contributor | Brandonius Maximus |
| Last Edited | Brandonius Maximus Jul 17, 2012 02:04pm |
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| Category | Speculative |
| Author | Richard Socarides |
| Media | Magazine - New Yorker |
| News Date | Tuesday, July 17, 2012 08:00:00 PM UTC0:0 |
| Description | Often the first question the lawyers Ted Olson and David Boies get when they talk about their effort to overturn California’s anti-gay Proposition 8 is this: Are there five votes on the Supreme Court for their case? Olson, a Republican (and former U.S. Solicitor General), and Boies, a Democrat, are the dream team who led opposing legal camps in Bush v. Gore when that case was before the Court, in 2000, deciding the election for President Bush by a vote of 5-4.
After the customary and cautionary language about never being able to predict the Supreme Court’s result, Olson and Boies often answer the question by going a step further. They say that they are not giving up on any of the Justices. Boies then tells a joke—he says that he and Olson have a deal: Olson will be responsible for getting the votes he got in Bush v. Gore, and Boies will be responsible for the ones he got. Everybody laughs. (One example is here.) So does the Supreme Court’s health-care ruling make the joke more or less funny for conservatives? |
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