The bipartisan bill would go a long way towards fixing the damage caused by the Roberts Court last June, and its amendments to one part of the Voting Rights Act would actually make American voting rights law more robust in some ways than it was before Chief Justice Roberts got his hands on it.
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Should Justice Kennedy's view carry the day, the result will be a constitutional right to protest outside of health clinics that does not exist at any other location or apply to protesters focused on any other topic.
If you are expecting the Supreme Court to side with President Obama in this case, don't. Every single Republican judge to consider Obama's recess appointments has ruled them unconstitutional, and there are more Republicans on the Supreme Court than Democrats.
Though today's order will come as a disappointment to the many same-sex couples whose marriages are now in limbo until this case is finally resolved, it is not a particularly surprising order. Nor does it reveal much about how the justices view the merits of the case.
While the significance of Sotomayor's New Year's Eve order should not be overstated, there's an important legal issue lurking in this case that could give religious employers sweeping and unprecedented immunity from the law.