The Proposition 8 oral argument  —  Much will be written about the Proposition 8 oral argument.  The bottom line, in my opinion, is that the Court probably will not have the five votes necessary to get to any result at all, and almost certainly will not have five votes to decide the merits of whether Proposition 8 is constitutional.

Here Are the 7 Worst Things Antonin Scalia Has Said or Written About Homosexuality  —  This week the Supreme Court will hear arguments about equal rights for gay Americans.  But we already know what Scalia thinks.  —  Justice Antonin Scalia has written that “it is our moral heritage …

Alito's provocative question  —  I'm still working my way through the transcript (pdf) of today's Supreme Court oral argument on California's Prop 8, but there's one quote that already seems to be generating quite a bit of attention.  It comes by way of Justice Samuel Alito:

Same-sex marriage can't be stopped by courts  —  To see the future of gay marriage, you didn't have to set foot in the Supreme Court chamber Tuesday morning as the justices took up the first of two landmark caseson the issue.  —  You needed only to stand in the plaza in front of the court …

Courting Cowardice  —  As the arguments unfurled in Tuesday's case on same-sex marriage, the Supreme Court justices sounded more and more cranky.  —  Things were moving too fast for them.  —  How could the nine, cloistered behind velvety rose curtains, marble pillars and archaic customs …