5 Things To Look At In Supreme Court Oral Arguments Tomorrow (4/28/15)
Huffpost decided to write about 5 things that we should look at arguments tomorrow so I decided to add some of my own commentary (http://www.huffingtonpost.com/adam-winkler/five-things-to-look-for-i_b_7151292.html) 1. Justice Kennedy—Kennedy is the swing vote and has written every single legal LGBT victory, from Romer in 1996 Lawrence in 2003 and Windsor in 2013 the kinds of questions he asks will give some indication of what his line of thought could be. Yet, we should be cautious as in the case of the Affordable Care Act it was upheld and many court watchers thought that it was sure to be struck down 2. Baker v Nelson—In 1972 the Supreme Court summarily dismissed an Equal Protection challenge to MN marriage law for “want of federal question” which meant that they didn’t feel a federal challenge wasn’t necessary. Next, this was before Romer, Lawrence and Windsor which has shown that Baker v Nelson isn’t spe...