Late in the oral argument over same-sex marriage in California, Justice Anthony Kennedy made a startling comment, given the months of buildup and mountain of legal briefs that have descended on the justices. "You might address why you think we should take and decide this case," Kennedy said to lawyer Charles Cooper, representing opponents of
Gay Marriage At High Court: How A Case Can Fizzle
Wyatt Tan, left and Mark Nomadiou, both of New York City, kiss in front of the Supreme Court in Washington, Wednesday, March 27, 2013, prior to the start of a court hearing on the 1996 Defense of Marriage Act (DOMA). In the second of back-to-back gay marriage cases, the Supreme Court is turning to a […]