Next Wednesday, a three-judge panel will convene in Cincinnati to hear several marriage equality cases arising out of Michigan, Ohio, Kentucky and Tennessee -- and the GOP-dominated panel that will hear these cases is unlikely to bring joy into the hearts of equality's supporters.
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In the end, the battle between the Fourth Circuit and the DC Circuit is a battle over who gets to make law. The DC Circuit would steal this decision away from the American people's representatives, and place it in the hands of a few unelected officials in black robes.
Affirmative action opponents keep trying to kill off the University of Texas's admissions standards in court. The most surprising thing, given a conservative judiciary, is that they haven't succeeded.