"The Supreme Court just struck a huge blow against transparency and accountability. The five conservative justices are enabling the Prop 8 supporters to mask their radical views, preventing the transparency that an effective court system needs. This historic trial will remain largely hidden from public view, despite it's historic potential to challenge and change the minds of Americans. "
The dissenting judges; Justice Stephen Breyer, Justices John Paul Stevens, Ruth Bader Ginsburg and Sonia Sotomayor, wrote in their opinion:
The decision "micromanaged" the administration of the district courts and that it was inappropriate to intervene."
"The majority’s action today is unusual," Breyer wrote. "It grants a stay in order to consider a mandamus petition, with a view to intervening in a matter of local court administration that it would not (and should not) consider. It cites no precedent for doing so. It identifies no real harm, let alone 'irreparable harm,' to justify its issuance of this stay. And the public interest weighs in favor of providing access to the courts ... [a]nd so I believe this Court should adhere to its institutional competence, its historical practice, and its governing precedent — all of which counsel strongly against the issuance of this stay."
When gay marriage hits the Supreme Court, which it will, this gives us an indication of how the justices will rule since it seems they continue to divide along ideological lines. It also appears that Sotomayor will continue to uphold the "liberal" views of the court, and if the make up of the court doesn't change, the outcome of gay marriage is dreadfully predictable.
However, the caveat I put forth is Ted Olson. Being a conservative himself, he could possibly swing the opinion of Justice Kennedy, the linchpin in the outcome of most decisions. Olson has argued dozens of cases before the Supreme Court and won more cases before them than most. Perhaps he will have the ability to frame this battle to his conservative brethren on the bench of the bottom line here. I'm actually optimistic that this battle for our civil rights will be won on wit, will, and of making this matter an undeniable, inalienable civil right of a United States Citizen.