Prediction: SCOTUS to strike down DOMA, Thomas joins the Libs in a 5-4 decision

Discussion in 'Law and Justice System' started by CrusaderFrank, Oct 23, 2012.

  1. CrusaderFrank

    CrusaderFrank Diamond Member

    May 20, 2009
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    My son is in law school and doing very well. Sometimes he'll let me be his study partner and it's a great opportunity for me to learn.

    This morning we were discussing Windsor v. US, where the NY Second Circuit struck down the Defense of Marriage Act. The issue is that government discriminates against 2 females who had a loving, lifelong relationship and were married because the Federal government wants to tax the estate of the partner who passed away as an individual and not as a married couple; it's about a $300,000 swing

    My son, who is typically to the left of Jake Starkey and Bucs90, was surprised when I said that Thomas's vote might surprise him if and when the matter goes before SCOTUS (it probably will, it's an absolutely perfect case for the issue)

    I could see Thomas taking the position that rightly or wrongly, since the government has taken it upon itself to control behavior by taxing married people differently than individuals (you see now why the income Tax needs to be eliminated, right?) then the law must be applied equally and the estate of a married same sex couple should have the same tax treatment as a heterosexual couple.

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