[Jim Noble]

The interesting appellate decision will be how the court handles polygamy in the wake of any ruling permitting gay marriage.

I missed this comment a week ago.

OBVIOUSLY, a Court which follows its own precedents in Casey v. Planned Parenthood, Lawrence v. Texas, and especially Romer v. Evans will have to legalize polygamy, IF they ever agree to hear a case.

I suspect that, given the fact that such a decision will have the potential to reduce their power permanently, that they will not grant cert to any polygamy cases, at least not in the near future.

[nathanbedford]

A good point, as usual, Jim. I think you are right, it is unlikely the polygamists will be able to find four Supremes to grant cert. Especially would that be so if Gingrich is elected with an implicit threat to discipline the court if it continues to rewrite the Constitution.