Hollingsworth v. Perry.
  • JUSTICE BREYER:Assume that you could distinguish California. Assume that we accept your argument -- or Mr. Scalia's version of your argument. And that distinguishes California. Now, let's look at California: what precisely is the way in which allowing gay couples to marry would interfere with the vision of marriage as the procreation of children, that allowing sterile couples of different sexes to marry would not? I mean, there are lots of people who get married that can't have children. So take a state that does allow adoption and say, there -- what's the justification for saying "no gay marriage"? Certainly not the one you said, is it?
  • COOPER:Uh, y-y-y-you --
  • BREYER (interjecting):Am I not clear? Look: you said that the problem is marriage, as an institution that furthers procreation --
  • COOPER:Yes, Your Honor.
  • BREYER:And the reason there was adoption. But that doesn't apply to California. So imagine I wall off California, and I'm looking just there, where you say that doesn't apply. Now, what happens to your argument -- about the institution of marriage as a tool towards procreation? Given the fact that in California too, couples that aren't gay but can't have children get married all the time?
  • COOPER:Yes, Your Honor. The concern is that redefining marriage as a genderless institution will sever its abiding connection to its historic, traditional procreative purposes. And it will re-focus, re-focus the purpose of marriage a-and the definition of marriage away from the, uh, uh, raising of children and to the emotional needs and desires of adults, of adult couples.
  • (Crosstalk.)
  • KAGAN:Well, suppose a State said, "Because we think that the focus of marriage really should be on procreation, we're not going to give marriage licenses any more to any couple where both people are over the age of 55." Would that be constitutional?
  • COOPER:No, Your Honor. It would not be constitutional.
  • KAGAN:Because that's the same State interest, I would think. You know? If you're over the age of 55, you don't help us serve the government's interest in protecting procreation through marriage. So why is that different?
  • COOPER:You, you, Your Honor, even with respect to couples over the age of 55, it is very rare that both couples -- both parties to the couple -- are infertile.
  • (Laughter from the gallery.)
  • KAGAN (interjecting):No really, because the couple -- I can just assure you if both the woman and the man are over the age of 55, there are not a lot of children coming out of that marriage.
  • (More laughter.)
Justice Kagan's top Spider-Man jokes from today's patent case
"What we can decide, we can undecide," she writes, "but stare decisis teaches that we should exercise that authority sparingly."
By Matthew Yglesias

Dear tumblr,

I know the venn diagram of comic book nerds and law nerds is a thin sliver, but the fact that no one on my whole dashboard discovered this today and yelled about it made me a little sad.

And a little happy, too, because I get to share it with you.

In a patent case between Marvel and a guy who created what later became a Spider-Man toy, Justice Kagan pulled out all kind of Spider-Man references. Including, but not limited to, the best cf. citation of all time.

And what else have I learned from this? That according to The Supreme Court Review, she is a massive comic fan and her favorite movie is The Avengers.

Shit, guys, now I have to reconfigure my whole list of favorite lady justices! 

Regardless, I hope you enjoy.

Fox News cites non-existent part of the Constitution to hype argument for Justice Kagan recusal from healthcare case.

Fact: The constitution has no Article 28, has no Section 144 and does not contain the language quoted by Fox News.

Yet another reminder that Fox News lies.

One year fanfiction.net! Masterpost

It’s been a year writing for you guys (and myself, too). That’s a year of amazing fandoms, lovely ships, addicting reviews. I thank you - and here they all are (in alphabetical order):

A Fairy Tale - link (Bering and Wells, Warehouse 13)

A Kiss Is Still a Kiss - link (BeChloe, Pitch Perfect)

A Very Secret Date - link (Rizzles, Rizzoli & Isles)

And It Hurts So Bad But It Feels So Good - link (BeChloe, Pitch Perfect)

As You Walk On By - link (BeChloe, Pitch Perfect)

At Play - link (Bering and Wells, Warehouse 13)

Belle and Her Beast - link (RedBeauty, Once Upon a Time)

Christmas at the Burrow - link (Hermione/Ginny, Harry Potter-series)

Christmas in Pine Valley - link (Minx, All My Children)

Christmas in Storybrooke - link (SwanQueen, Once Upon a Time)

Christmas with Kate - link (Kagan, Body of Proof)

Halloween with Maura - link (Rizzles, Rizzoli & Isles)

Halloween with the Bellas - link (Staubrey, Pitch Perfect)

Her Hair Is Harlow Gold, Her Lips Sweet Surprise - link (Triple Treble/Aubrey, Beca, Chloe; Pitch Perfect) - in progress

Hermione Granger and the Achievements of Witches in a Wizard’s World - link (canon without pairing, Harry Potter-series)

Home - link (Bering and Wells, Warehouse 13)

I Feel Pretty/Unpretty - link (BeChloe, Pitch Perfect)

I Will Go Down With This Ship - link (BeChloe, Pitch Perfect)

Lady Jam - link (BeChloe, Pitch Perfect)

Loves Lost in the Fog - link (Bering and Wells, Warehouse 13)

Mama I’m Strange - link (BeChloe, Pitch Perfect)

Not My Valentine - link (BeChloe, Pitch Perfect)

OUAT Drabble - link (SwanQueen, Once Upon a Time)

Practically Magic - link (BeChloe, Pitch Perfect) in progress

Rumor Has It - link (BeChloe, Pitch Perfect)

She Promised Me Love - link (SwanQueen, Once Upon a Time) in progress

Since U Been Gone - link (BeChoe, Pitch Perfect)

Snapshots - link (Emily/JJ, Criminal Minds)

Some Drabble - link (BeChloe, Mitchsen, Chaubrey; Pitch Perfect)

Some More Drabble - link (BeChloe, Mitchsen, Chaubrey; Pitch Perfect)

Star-Gazing - link (Bering and Wells, Warehouse 13)

Suddenly I See - link (BeChloe, Pitch Perfect)

Take a Chance on Me - link (Aubrey/Cynthia Rose, Pitch Perfect)

Tequila - link (BeChloe, Pitch Perfect)

Thank You for the Music - link (BeChloe, Pitch Perfect)

The Heart of the Matter - link (BeChloe, Pitch Perfect)

The Love Letter - link (Bering and Wells, Warehouse 13)

The Party’s Over - link (BeChloe, Pitch Perfect)

The Price We Pay - link (SwanQueen, Once Upon a Time)

The Stewart’s Daughter - link (BeChloe, Pitch Perfect)

Tom, Dick, or Regina? - link (SwanQueen, Once Upon a Time)

Walking on Sunshine - link (BeChloe, Pitch Perfect)

Watching Xena With Mom - link (Rizzles, Rizzoli & Isles)

You’re Gona Miss Me (When I’m Stoned) - link (BeChloe, Pitch Perfect)

[I would appreciate it if you would tell me of any wrong or broken links]

If Gay Marriage Isn’t Constitutional, Neither Is Straight Marriage If You’re Older Than 55

The recent Supreme Court hearing over the constitutionality of Prop 8 brought many things to light. For one, it provided a space for all those tired old anti-gay-marriage arguments to be paraded out. It also allowed Supreme Court Justice Elena Kagan an opportunity to destroy them one by one. Listen to the actual exchange here.

Thank you, Justice Kennedy.
Thank you, Justice Bader Ginsberg.
Thank you, Justice Sotomayor.
Thank you, Justice Breyer.
Thank you, Justice Kagan.

I’m very proud of my country for moving progressively forward.
I am proud of all the people who came out publicly to their friends, their families and their neighbors.
I am proud of those who keep fighting.
I will never forget all the brave souls who did not live to see victory over intolerance today.

But marriage equality is barely the tip of the iceberg. Discrimination is still widespread. There are still countless legislations that do not enumerate gender identity and sexuality. LGBT people are still not protected from cruelty. 

Today is a big day, but the fight is not over.