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You can find the current article at its original source at http://www.guardian.co.uk/world/2013/mar/27/ginsberg-doma-marriage-skim-milk
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| Version 1 | Version 2 |
|---|---|
| Justice Ginsberg: Doma creates 'full marriage and skim-milk marriage' | Justice Ginsberg: Doma creates 'full marriage and skim-milk marriage' |
| (about 1 month later) | |
| In the second day of hearings on same-sex marriage, the language of the US supreme court justices has been closely watched. | In the second day of hearings on same-sex marriage, the language of the US supreme court justices has been closely watched. |
| The quote of the day goes to Justice Ruth Bader Ginsburg, who in a discussion about the Defense of Marriage Act, said that it had imposed on the US a two-tier system. According to the New York Times, she told the court: | The quote of the day goes to Justice Ruth Bader Ginsburg, who in a discussion about the Defense of Marriage Act, said that it had imposed on the US a two-tier system. According to the New York Times, she told the court: |
| There are two kinds of marriage: full marriage and the skim-milk marriage. | There are two kinds of marriage: full marriage and the skim-milk marriage. |
| The most conservative voice on the court, Antonin Scalia, burnished his reputation as something of a troll. He questioned the Justice Department lawyer, Sri Srinivasan, about why Congress should trust DoJ to enforce the laws it passes if, as in the case of Doma, the DoJ later decides they are unconstitutional. | The most conservative voice on the court, Antonin Scalia, burnished his reputation as something of a troll. He questioned the Justice Department lawyer, Sri Srinivasan, about why Congress should trust DoJ to enforce the laws it passes if, as in the case of Doma, the DoJ later decides they are unconstitutional. |
| Srinivasan responded that there is no "algorithm" for when the DoJ will or won't defend a statute. | Srinivasan responded that there is no "algorithm" for when the DoJ will or won't defend a statute. |
| Scalia, the WSJ wrote, "called it a 'new world' where Attorney General Eric Holder can decide a law is unconstitutional, but yet not so unconstitutional that the executive branch won't enforce the law." Chief Justice Roberts called the no-show "unprecedented." Scalia, who used to work at the Justice Department, criticised the "new regime'' there. | Scalia, the WSJ wrote, "called it a 'new world' where Attorney General Eric Holder can decide a law is unconstitutional, but yet not so unconstitutional that the executive branch won't enforce the law." Chief Justice Roberts called the no-show "unprecedented." Scalia, who used to work at the Justice Department, criticised the "new regime'' there. |
| Moving beyond the justices' disappointment at the Obama administration for not defending the statute, the case moved into oral argument territory: the four hard conservatives seeing no problem with Doma, the four liberals picking holes in in it and Anthony Kennedy settling into his comfortable swing-vote arm chair. But as reporters flood it, it appears that Kennedy was more than just opaque - he expressed serious problems with the constitutionality of Doma. | Moving beyond the justices' disappointment at the Obama administration for not defending the statute, the case moved into oral argument territory: the four hard conservatives seeing no problem with Doma, the four liberals picking holes in in it and Anthony Kennedy settling into his comfortable swing-vote arm chair. But as reporters flood it, it appears that Kennedy was more than just opaque - he expressed serious problems with the constitutionality of Doma. |
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