Kennedy on Judge Reinhardt’s “Odd” 9th Circuit Opinion

March 26th, 2013

The Supreme Court can’t catch them all, but Tony caught this one:

That’s really — that’s a 10 broad argument that you — that’s in this case if the 11 Court wants to reach it. The rationale of the Ninth 12 Circuit was much more narrow. It basically said that 13 California, which has been more generous, more open to 14 protecting same-sex couples than almost any State in the 15 Union, just didn’t go far enough, and it’s being 16 penalized for not going far enough. 17 That’s a very odd rationale on which to 1sustain this opinion.