I expect the SCOTUS will overturn Windsor v. United States
I expect the SCOTUS will overturn Windsor v. United States, which struck down DOMA today... at least within the reach of the Second Circuit
But it's a cool decision. A lot of it hangs on whether overturning DOMA requires overturning the SCOTUS upholding the Minnesota Supreme Court in 1972 (Baker v. Nelson), and the court concludes it does not.
Baker found no 14th Amendment individual right to same sex marriage, but that is not the same question as whether Congress can pass a law governing any aspect of marriage in the states without a rational basis, and whether the rational basis test in the case of DOMA is reduced by the law's discriminatory effect. (Normally the slightest rational basis is sufficient, but in some cases involving discrimination an improper motive can outweigh a slight rational basis.)
It's a good read.
