Like many other old folks, I am amazed at the rapidity of change when it comes to popular opinion and gay marriage. And that brings me to abortion. I remember exactly where I was when Roe v. Wade was decided. I was clerking for Judge Ross and I was in chambers when the news came. Incidentally, Judge Ross had taken Justice Blackmun’s seat on the Eighth Circuit. In any event, Roe hit like an atom bomb. The mushroom clouds from that decision still fill our sky. Justice Ginsburg has said as much.
Yesterday, when the stay was lifted on the Ninth Circuit decision on gay marriage, I was very pleased. I fervently hope that the Supreme Court never has to decide the gay marriage issue. If the Courts of Appeal all go in one direction, the Supreme Court can do nothing. Unlike Congress, a do-nothing Supreme Court is a good thing.*
*Legally speaking, I express no opinion on the merits of the gay marriage issue.