It seems quite possible the Supreme Court could act in such fashion as to lavoid announcing a constitutional right for same-sex couples to marry. And there is a reasonable chunk of the commentariat encouraging the Court to do just that. In my view, such a sidestep would be a big mistake becauseIt would put the Court in bed with stupidity, a place the Court can ill afford to be these days.
Archive for March 2013
Court reporting was a strange job, sometimes exciting, sometimes boring and frustrating. I had “theme songs” for both moods. For the more wistful one, there was Carly Simon’s Libby. For times when the life seemed a gradually-unfolding adventure, there was the Bee Gees’ How Deep Is Your Love.
This is not great drama or great comedy, but it is an enjoyable evening of theater. Of course, in the end none of it matters if Powers does not deliver, but no one can deny that she knocks it out of the park. It may be a tinier park than some, but knock it she does.
I knew now that I had a susceptibility. I might never act on it, but I had it. What I did not have, it soon emerged, was a job.
So: We now know that fundamentally the OLC is coloring outside the lines, making up presidential authority where none yet exists. If we were to proceed lawfully, we would need a constitutionally-sound, explicit and bona fide Congressional authorization.