Monday, Brian Brown, head of National Organization for Marriage, wants to convince people that the decision in Obergefell v. Hodges (effecting marriage equality) is somehow fragile. He is doing so to keep his job. According to Brown, commenting on an appearance in Iowa:
Judging from the crowd reaction, which loudly cheered my every denunciation of the illegitimate Supreme Court decision purporting to redefine marriage, these activists strongly agree that the Supreme Court decision must be reversed.
Brown goes on to quote the usual great useless minds; Santorum, Huckabee, Perry and Jindal but nobody is asking the basic question. What are the mechanics of getting the Court to reverse Obergefell?
Let’s say that the worst happens and Jeb Bush becomes our next president (actually, far worse things could happen). Justice Ginsburg retires and Bush gets to nominate her replacement. Ultimately a conservative justice fills that seat.
The Court is not going to then decide to re-vote on a settled case. Brown and others like to compare Obergefell to Dred Scott. However, the Dred Scott case left aggrieved petitioners to continue to litigate and to move more cases through the federal courts. You will also recall that, in 2013, the Court determined that pressure groups did not have standing in the Proposition 8 case.
So the question then is who – with standing – is going to move what case for what cause through the federal courts? Who is going to sue who and for what?
Knowing NOM, their chairman and legal counsel, John Eastman, probably has some ideas for self-enrichment with more legal fees. That is, if donors continue to support this madness. Will they?