SC Retirement Scenario

A scenario for Monday: “Amid layer upon layer of uncertainty, one thing seems reasonably predictable about the Supreme Court’s public session on Monday, the last public sitting of the current Term. That is that the Court will formally recess for the summer without a word being said about any retirement, or retirements, from the Court. Too much, however, can be read into that, and should not be.”

Lewis v. Harris

I didn’t even know this until today, but last week, the New Jersey Appellate Division issued a decision in Lewis v. Harris, the state’s same-sex marriage case. The Appellate Division, 2-1, affirmed the trial court’s ruling against same-sex marriage. (The decision includes a published dissent, which should be interesting reading.) This is not really a big deal, because everyone has known that the outcome ultimately depends on the New Jersey Supreme Court, which now gets the case. It’ll probably take at least a year to get through the state supreme court, after which I expect this liberal court to find same-sex marriage constitutional in the state. (It was the New Jersey Supreme Court that issued the pro-gay decision in the Boy Scouts case a few years ago, which of course got overturned by the U.S. Supreme Court.)

We shall see.

(Here’s a Lambda Legal press release on the decision.)