Monday, June 9, 2014

Why Marriage Equality is going to start losing

Important analysis from Think Progress:
Currently, six federal appeals courts, the Fourth, Fifth, Sixth, Seventh, Ninth and Tenth Circuits, face marriage equality cases. Though it is fairly likely that equality will prevail in most of these circuits — the legal arguments for marriage equality are very strong, especially after the Supreme Court’s 2013 decision, and supporters of discrimination are left with a questionable states rights argument that no judge has yet embraced — it is unlikely that appellate court judges will show the same unanimity as their counterparts on the trial bench. Among other things, appointments to federal circuit courts have historically been much more politically charged than appointments to the lower-ranking district courts, so litigants are far more likely to encounter a judge who was selected for their loyalty to a particular ideology.
They go on to enumerate where the problems are most likely to be: the 5th,6th, and 7th. THis is because Appeals Court judges are appointed by the president and are often appointed for ideological grounds. It's why the presidency really matters, because the President appoints the judiciary.

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