The latest on same-sex marriage.

Lots of people are getting twisted over the the House vote today on the Federal Marriage Act that purports to strip the federal courts--including the Supreme Court--of any oversight on the act. In other words, they're bypassing the courts in order to preempt any claims of un-Constitutionality.

Here's my take. I'm no lawyer, but I am a student of the human psyche, and I'll bet that the Supreme Court will find a way--convoluted or not--to call this act unconstitutional, assuming it doesn't die in the Senate. People in power guard their turf jealously, and the Congress is certainly encroaching onto the Court's turf. Even Scalia has to realize that if they let Congress get away with this, that they'll legislate their way around the Court whenever they wish. They have to take a stand here, or they'll be irrelevant, and no one on his court wants to go down as the guy who gave it all away. Hell, I'm halfway convinced that Kennedy and O'Connor are feeling some regret over Bush v. Gore and that that guilt is affecting some of their recent rulings.

So I'm cautiously optimistic. I don't think this will go anywhere in either the short or the long term, but even if it somehow makes it into the law, I have confidence in the egos of the 9 justices to find a way to toss it on its ear.

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