The Supreme Court doesn’t allow itself many progressive moments. And even when those moments arrive, the Court likes to be coy about it, presumably to give Scalia the opportunity to have a tantrum in private. Yesterday’s decision to let stand various appellate decisions striking down same-sex marriage bans is not the end of the struggle for marriage equality, but it perhaps marks the beginning of the final chapter. A lower court could still uphold such a ban, forcing the Court to issue an actual opinion on the matter. But it seems nearly inconceivable that the Court would uphold such a ban after yesterday’s news. The unconstitutional nature of these bans is now a settled matter.
The Court is likely to continue dismantling the Voting Rights Act, so we should try to appreciate these rare instances when the Court shows that it is still capable of demonstrating good sense.