Analysis:
Paths to same-sex marriage review [SCOTUS blog, 11/7/14]: Depending upon how fast lawyers
choose to move, the issue of same-sex marriage could be back before the Supreme
Court in a matter of days. So far, only one option has been closed off.
The remaining options have some, perhaps considerable, chances
of success.
Will of the majority doesn’t trump the Constitution [Detroit Free Press, 11/6/14]: There is no “will of the majority” exception to the
Constitution. Unfortunately, the opinion
by U.S. Sixth Circuit Court of Appeals Judge Jeffrey Sutton upholding the
discriminatory marriage laws of Michigan, Ohio, Kentucky and Tennessee attempted to create one, exalting
majority will over the Constitution’s promise of liberty and equality.
Marriage ruling’s author
a states’-rights advocate [SF
Chron, 11/7/14]: When President George W. Bush appointed Jeffrey Sutton, an
Ohio attorney and former state solicitor general, to a federal appeals court in
2003, opponents called him a conservative ideologue – as an advocate of
federalism, the power of states to act without federal interference, and an
outspoken foe of federal laws that protected the disabled.
Arizona’s Prop 122 Is About More Than
Just Federalism [Justia,
11/7/14]: Professor Amar discusses how Arizona’s Prop 122 addresses not only
federalism concerns but also serves as an intra-state reorganization of power.
N.M. Supreme Court Rules that Statements Elicited by
School Official Cannot Be Used in Student's Delinquency Proceeding Absent
Waiver of Rights [Ed Law Profs Blog, 11/7/14]: The New Mexico Supreme Court
recently held that incriminating statements elicited by a school official could
not be used against a student in a subsequent delinquency proceeding unless the
child validly waived his or her right to remain silent.
The case,
previously reported here, is State v.
Antonio T., and can be found:
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