You can go back and forth about what Justice Anthony Kennedy would do if confronted by the case--clearly there is no " national consensus " as of yet on the matter.
Or you can argue that the road to a future Brown -like ruling has to start somewhere in the federal courts and that a trial, in San Francisco, with an independent judge and two heavyweight lawyers fighting for equality, isn't such a bad time and place to make that start. Olson and Boies are no dummies and sufficiently entrenched in the legal and political Establishment to be taken seriously.
And the venue for a trial like this couldn't be better for the agents of change. I have no idea how this trial will turn out. But I am willing to predict that no matter what Judge Walker rules, and no matter what the 9th Circuit says about that ruling, and no matter what the Supreme Court does in response, we are still going to be closer to the start of this saga than we are to the end. We want to hear what you think about this article. Mark V. The Presidents and the Supreme Court. James F. Our Supreme Court.
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