"If the Windsor majority votes in favor of marriage equality, the ruling will be one of the most momentous decisions of the Roberts court," said Judith E. Schaeffer of the Constitutional Accountability Center, which is advocating for same-sex marriage. "Will John Roberts want to be remembered as having dissented from such a historic decision?"
CAC In the News
When the Court considered the scope of the Fourth Amendment’s protections in Riley, it didn’t say it was up to Congress or state legislatures to decide how much privacy Americans enjoy when it comes to their cell phones. Instead, the Court considered the text and history of the Fourth Amendment, as well as the Court’s precedents. The Court should do the same thing this year when it considers the scope of the Fourteenth Amendment’s protections in the marriage equality cases.
As America's second founding turns 150, and as the Supreme Court continues to hear cases that draw on its constitutional legacy, it’s important for all of us—including the justices—to remember these forgotten founders and to reflect on their constitutional handiwork. This is nowhere truer than in Obergefell, where the Constitution’s text requires marriage equality.
Judith Schaeffer, vice president of the progressive Constitutional Accountability Center, said in a conference call that Roberts might be gettable for supporters of marriage equality. Among other reasons, he issued a concurring dissent in the DOMA decision as opposed to joining U.S. Associate Justice Antonin Scalia, perhaps in anticipation of the issue returning to the court. “What Roberts did by not joining Justice Scalia’s dissent on the merits was to preserve a clean slate for himself when that case ultimately came before the court, as it has now,” Schaeffer said.
"I think it's disappointing but not unexpected that Senator Grassley and Senator McConnell would slow-walk this process," said Doug Kendall, the president of the Constitutional Accountability Center, a liberal legal advocacy group. "Certainly one lesson is that we should all be very grateful to Harry Reid for the push that he made to get as many nominations and as many judges confirmed as he did before the Senate changed hands."