The Supreme Court divested themselves of their constitutional duty to hear any cases related to a major national controversy.
Says you. And you're nobody. In a contest of the USSC vs you on what the USSC's duties are, I'm gonna have to side with the courts. As you have no idea what you're talking about.
That's not the same thing as preserving any ruling.
Actually it is. From Prop 8 to 6 federal appealant district courts ruling that gay marriage bans are unconstitutional, the USSC refused cert on every single one of them, preserving every such ruling.
The courts also overturned key portions of DOMA.
This court hasn't preserved
any ruling affirming such bans.
n fact, because Louisiana's law has been upheld in court, we now have a virtual anarchy for lack of judicial leadership by the Supreme Court.
Ah, but has it been denied cert by the USSC, as they have on all the lower court rulings overturning bans on gay marriage? Nope.
The courts have done nothing to preserve any ruling affirming gay marriage bans.
When every lower court ruling comes to the same conclusion and no rights are being abrogated, there's no controversy to resolve. Its only when different appellant courts disagree or there is a right that is being abrogated that the USSC's involvement is necessary.
Only quite recently has one district appellant court ruled in favor of gay marriage bans. And then, only a 3 judge panel. Not the full quorum. When and if the full quorum upholds the 3 panel decision, then the USSC intervention will probably become necessary. If it doesn't, then the USSC doesn't need to be involved.
As for 'anarchy', you're being a little melodramatic, aren't you?
The rulings of the different appellant district courts apply to their districts. So in every district where gay marriage bans have been ruled unconstitutional, gay marriage is recognized. In the that lone district where gay marriage bans were upheld, gay marriage is not. Unless the quorum of that district overturns the 3 judge panel's decision.
In those districts where the highest appellant judges have yet to rule, the issue is still being adjudicated. That's far from anarchy. That's inconsistency as the issue is working its way through the courts.
They're eventually going to have to render a decision and they can't ***** out forever. Roberts is going to have to gird up his mangina and take this issue on.
Says you. Several of those refusals to grant stays were unanimous. I don't think Roberts wants to be this generation's judge Leon Bazile. Scalia, surely wants to be. Thomas rules with Scalia. But the others....not so much. I think its plausible to get a 7-2 ruling in favor of gay marriage. Not likely, but plausible.
Given that Kennedy (aka 'Mr. Swing Voter') has authored all of the landmark USSC rulings in the last 20 years recognizing gay rights (Lawerence, Romer and Windsor), it seems very unlikely you'll see less than a 5-4 in favor of gay marriage.
So....you may want to prepare yourself for a ruling on the topic that you wouldn't like.