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Ringside Seat: To Rule or Not to Rule?

March 26, 2013

It's always dangerous to read too much into oral arguments at the Supreme Court. You can certainly get a general sense of which way the justices are leaning by the tone of their questions, but it's also easy to be misled, particularly when the case in question affords them a number of options for a ruling. So it was in today's case testing the constitutionality of Proposition 8, the California initiative banning same-sex marriage in the state. Justice Anthony Kennedy, the presumed swing vote, spoke in rather emotional terms about the "40,000 children in California that live with same-sex parents, and they want their parents to have full recognitio

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