Thursday, December 02, 2004

Supreme Count order on gay marriage issue wasn't a "decision"

Slate points out that the Supreme Court order on the gay marriage case - "CERTIORARI DENIED: 04-420 Largess, Robert P., v. Supreme Judicial Court of MA." in its entirety - wasn't anything the members of the Court "decided".

The article notes that "The justices almost certainly had never discussed this case in their private conclave the previous week, and it is a good bet that none of them even read the appeal papers; one or more law clerks did and no doubt had no difficulty telling their bosses not to waste their time on this one. Some Supreme Court reporters whose names are legend in the business did not even give the appeal a close look.".

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